Misner v. State

OPINION

ROBERTS, Judge.

On September 15,1977, the appellant and Carl Byrom entered the Cottage Drive-In in San Antonio. Finding the complaining witness Jackie Arthur inside the establishment, Byrom pulled a shotgun from under his shirt and fired at Arthur, severely wounding him in the arm. The appellant was charged with attempting to cause the death of Arthur by shooting him, found guilty by a jury, and sentenced to fifteen years’ confinement. His conviction rests solely upon proof that he was a party to the alleged offense. V.T.C.A., Penal Code, Sec. 7.01.

The appellant contends that the trial…