Newman v. State

OPINION

GREEN, Commissioner.

The conviction is for murder with malice. The punishment is life imprisonment.

Appellant in his third ground of error contends that the evidence is insufficient to sustain the verdict of guilt of murder with malice. It is his contention that the evidence makes out at most a case of murder without malice.

The State’s evidence reflects that at about 6:00 o’clock P„M. on October 30, 1971, appellant armed himself with a pistol, went with his 13 year old sister Deborah Newman to the apartment of Benny Ray Kennybrew, the deceased, and fired two shots at him. Deceased was…