Williams v. State

KRUEGER, Judge.

The offense is murder with malice. The punishment assessed is confinement in the state penitentiary for a term of five years.

Appellant’s first complaint relates to the court’s action in declining to peremptorily instruct the jury to acquit him. We are of the opinion that under the evidence he was not entitled to such an instruction.

The state’s evidence, briefly stated, shows that on the night in question the deceased and his brother-in-law, Burbin Bolts, went from Pecos to Monahans where the deceased, appellant, and others engaged in a game of dice. A dispute arose between…