Lewis v. State

OPINION

McCLOUD, Commissioner.

This is an appeal from a conviction for murder with malice. Punishment was assessed at ninety-nine (99) years.

The State’s evidence shows that around 11:00 P.M. on December 31, 1972, appellant and Rodney Thomas Macon stopped for gas at a service station in Shamrock and left the station without paying for the gas. The attendant immediately notified the police. Shortly thereafter, in response to a police radio dispatch, Deputy Sheriff Carrol Copeland stopped the automobile occupied by appellant and Macon. While Deputy Copeland was discussing the matter with the…