Stewart v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for murder with malice where the punishment was assessed by the jury at life imprisonment.

Initially, appellant challenges the sufficiency of the evidence to sustain the conviction.

Bobby Gene Johnson, Dallas taxi driver, testified that he nightly took Mamie Gaha-gan to her home after she closed the Waiters and Porters Club where she was manager. He related that on December 12, 1966, as they were leaving the club the appellant approached and asked if he could share the cab. Consent was given. As the taxi reached Flora Street in…