Pope v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of murder without malice. The jury assessed punishment at five years.

Appellant’s sole ground of error alleges that the evidence is insufficient. He contends that an exculpatory statement which was contained in a written confession introduced by the State was not disproved. We overrule this contention and affirm.

During the evening of August 21, 1971, Robert Kernell, Ernest Ortegon (the deceased), Carl Coleman and the appellant had been drinking at Holey’s Grill in Plainview and then sometime after 11:00 p.m. went to…