Sustaita v. State

MORRISON, Judge.

The offense is murder; the punishment, 50 years.

Three State witnesses testified that they were engaged in a fight at a drive-in theater on the night in question and that deceased was a participant. The three were armed with knives, and deceased was armed with a stick similar to the big end of a billiard cue. Appellant was not a participant, nor had he been seen by any of the witnesses prior to the time he started firing at the group. One shot entered the center of the back of deceased’s neck which caused his death. Appellant then fired twice at another of the participants, but…