Hemphill v. State

OPINION

GREEN, Commissioner.

This appeal is from a conviction of murder with malice in which the punishment was assessed at 10 years’ confinement.

In two grounds of error appellant contends that the evidence is insufficient to support the verdict since there is no evidence that at the time of the offense appellant had the intent to kill, nor is there any evidence of malice.

The evidence on the trial was given by five witnesses, all placed on the stand by the State. A pathologist who performed an autopsy testified that deceased died as a result of a wound caused by a small bullet entering the body…