Brown v. State

OPINION

DOUGLAS, Judge.

The offense is murder; the punishment thirty years.

The sufficiency of the evidence to show murder with malice is challenged. The evidence is undisputed that appellant shot and killed Jim Benson with a .22 caliber pistol.

Appellant, her husband, Jim Benson, and others were at the Dream Street Inn in Houston drinking beer. While involved in an argument, appellant’s husband had a chair in his hand, and Jim Benson had a knife. Edgar Delane, the owner of the place, testified that he took the knife from Benson and the chair from appellant’s husband; that some four or five…