Burnett v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of murder without malice. The punishment was assessed by a jury at five years.

The evidence reflects that Fletcher Eugene Burnett, the appellant, and his sister, Carolyn Rydolph, went to the Imperial Club in Victoria on the evening of July 4, 1969. They arrived at the Club at approximately 8 P.M., joined some friends, drank and danced a little until approximately midnight. Around midnight Carolyn Rydolph was called outside by a friend to meet her husband, Carl Rydolph, the deceased, who slapped and hit her in the face and…