McGee v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for murder with malice; trial was before a jury and the court assessed the punishment at life.

The indictment alleged that on June 17, 1970, the appellant killed Donald Ray Lee by shooting him with a gun.

The appellant’s first ground of error complains because the court refused to charge the jury on murder without malice after a proper request by appellant’s attorney. The only question on this ground of error is whether the evidence raised an issue of murder without malice.

The record reflects that the shooting occurred in an alley behind…