Ayala v. State

BEAUCHAMP, Judge.

The appeal is from a conviction for murder without malice with a sentence of three years in the penitentiary.

Appellant and deceased met at a filling station at Emhouse, in Navarro County, about eleven-thirty in the morning. After consuming the greater part of a quart bottle of wine, which appellant had purchased in Corsicana, they became engaged in gambling at a vacant house a few hundred yards from the home of appellant. They were joined by the State’s only eye witness, M. H. Colquitt. Witnesses testified to friendly conversations between appellant and deceased at Emhouse,…