Moore v. State

KRUEGER, Judge.

The conviction is for murder with malice aforethought. The *100punishment assessed is confinement in the State penitentiary for a term of fifteen years.

Appellant challenges the sufficiency of the evidence to justify and sustain his conviction.

The evidence adduced by the State shows that about 1:00 or 2:00 o’clock a. m. of July 29, 1940, appellant, accompanied by his sister, Mr. Copeland and another person, was in the Kyle Cafe drinking beer. Louis Black, the deceased, Ted Mienetz and Mrs. Allred, a waitress in said cafe, were sitting at another table some distance removed.…