Berry v. State

KRUEGER, Judge.

The conviction is for murder with malice aforethought. The punishment assessed is confinement in the State penitentiary for a term of five years.

Appellant challenges the sufficiency of the evidence to justify and sustain his conviction for the offense of murder with malice aforethought.

The evidence adduced upon the trial, as reflected by the record, shows that appellant was employed by Albert Murphy as a clerk in a beer and cold drink stand located in the town of Seguin. On the night of January 25, 1941, the deceased and a number of negroes assembled at the beer tavern and…