Pogue v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for murder without malice where the punishment was assessed at 5 years.

The indictment charged that the appellant on or about March 13, 1969, did “voluntarily and with malice aforethought kill Dennis Wayne Wilder by shooting him with a gun.”

Initially appellant challenges the sufficiency of the evidence to sustain the conviction. He advances the theory that the killing was either deliberate and with malice aforethought or was an accident, and that the evidence cannot be said to have raised the issue that the killing was…