DeRamus v. State

McDONALD, Presiding Judge.

The offense is murder with malice; the punishment, 30 years in the penitentiary.

It is undisputed that appellant killed the deceased, who was appellant’s wife’s stepfather, by shooting him with a gun on September 5, 1964, and in view of the disposition of the case, a brief summation of the facts will suffice.

Appellant and his family occupied an apartment located above the apartment of Willis Taylor, son of the deceased. On the afternoon of September 5, appellant and the deceased drank beer with Willis Taylor in the latter’s apartment, then went to a “little beer joint…