McClennon v. State

OPINION

DALLY, Commissioner.

The conviction is for murder; the punishment fifteen years imprisonment.

The appellant insists that the evidence is insufficient to support the conviction for murder with malice.

About three days prior to the shooting, Annie Johnson, the sister of James Johnson, the deceased, had a fight with the appellant. Shortly after midnight on the morning of his death, Johnson encountered the appellant in Martin’s Drive In and told the appellant to leave his sister alone. An argument followed and the appellant threatened to kill Johnson if he “messed with him.” The appellant…