Rains v. State

OPINION

ROBERTS, Judge.

This appellant’s first conviction for murder with malice was set aside. Ex parte Rains, 555 S.W.2d 478 (Tex.Cr.App.1977). The appellant has been convicted again of murder with malice, with punishment assessed at confinement for sixty years. The evidence was that the appellant and two companions were at the Maverick Skating Rink on March 1, 1961. The appellant got into an argument with another youth. Shortly thereafter the victim, followed by the appellant, ran from the skating rink. The appellant said, “Stop him, he’s going to his car to get a shotgun.” A shot was heard.…