Simmons v. State

KRUEGER, Judge.

The offense is murder. The punishment assessed is confinement in the State penitentiary for a period of ten years.

Appellant’s first contention is that the evidence is insufficient to justify and sustain his conviction of the offense of murder with malice aforethought. A careful review of the statement of facts leads us to the conclusion that the evidence is ample to sustain the verdict of the jury.

The evidence adduced by the State, briefly stated, shows that on the night of June 27, 1942, appellant was acting as a bartender at a beer joint in the 4400 block on Yale Street in…