Berry v. State

OPINION

GREEN, Commissioner.

This is an appeal from a conviction for murder without malice; the jury assessed the punishment at five (5) years’ confinement.

The State’s evidence reflects that at about 12:20 A.M. on October 28, 1971, H. R. Flournoy, the Sheriff of Wharton County investigated a disturbance call at appellant’s residence in Wharton County. Flournoy stated that appellant was a police officer for the city of Wharton at this time and that he had formerly been employed by Flournoy as a Deputy Sheriff. Flournoy stated that appellant called him and stated, “I shot the s.o.b.” Flournoy…