Garland v. State

HAWKINS, Judge.

Conviction is for murder, punishment being confinement in the penitentiary for five years.

The party killed was Jim Lewis, The evidence ’ shows that appellant and deceased were friends. The killing of Lewis resulted from a shot fired by appellant at one Mitchell. There is no controversy about the facts leading up to the shooting. Appellant was operating a dance hall. On the night of the killing he and Mitchell became involved in some trouble at the hall. Mitchell struck appellant over the eye with a bench, knocking him down and inflicting a wound which left a considerable scar.…