Shumake v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of murder with malice. Punishment was assessed by a jury at fifty years.

The sufficiency of the evidence is not challenged. Nevertheless, a brief recitation of the facts will be set out.

The record reflects that on the 26th day of September, 1970, one John Thomas Black was shot to death while eating barbecue at “Cole’s Place” in Dallas. Daniel Miller testified that appellant walked into Cole’s on the day in question with a pistol in his hand; that appellant then shot Black; that Black fell to the floor; and that appellant then…