Mowery v. State

KRUEGER, Judge.

— Appellant was convicted of the offense of murder without malice, and his punishment was assessed at confinement in the state penitentiary for a term of two years.

Appellant’s first and main contention is that the testimony ' is insufficient to justify and sustain his conviction. For a better understanding of the law of this case we deem it necessary to set forth the salient facts proven upon the trial.

On the night of March 21, 1936, the appellant, Ted Shupback, Floyd Vincent, Ralph Galina, and E. F. Brown went to George Kimmell’s place of business between the hours of eleven…