Choice v. State

OPINION

MORRISON, Judge.

The offense is murder without malice; the punishment, four (4) years.

The record reflects that the appellant and the deceased had known each other for a number of years and that they were engaged in a cuss fight in a bar on the night of the homicide. The witnesses for the State gave an account of an unprovoked killing while those for the defendant described a self-defense situation including communicated threats and an overt gesture by the deceased at the moment the fatal shots were fired.

Appellant’s sole ground of error is that the court failed to grant his motion for a…