Potts v. State

OPINION

MORRISON, Judge.

The offense is murder; the punishment, twenty-five (25) years.

By his first ground of error appellant challenges the sufficiency of the evidence to show that appellant was acting with his malice aforethought when he fired the shot that killed Mary Carroll, the injured party named in the indictment. The State takes the position, and we agree, that the evidence is sufficient to show that appellant was actuated by his malice aforethought when he pointed his pistol at Ike Potts and fired the same and that such malice, under Art. 42, Vernon’s Ann.P.C., carried over to the…