De Lira v. State

DAVIDSON, Judge.

The conviction is for murder with malice, with punishment ¿ssessed at life imprisonment.

The evidence is undisputed that appellant killed the deceased by shooting him with a gun on an occasion when the deceased and his three companions came to the LaFiesta Bar, which was a place operated by the appellant and his son, Adolfo De Lira.

It was the state’s theory that the shooting was without any legal justification or excuse and that appellant shot the deceased while he (the deceased) was lying flat on the floor on his back.

Appellant sought to justify the killing on the grounds of…