Erby v. State

John A. Fogleman, Justice.

Appellant was found guilty of murder in the second degree and his punishment fixed at 12 years’ imprisonment. His sole contention for reversal is that the evidence was not sufficient to support the verdict. We find that it was, when considered in the light most favorable to the state.

There is no doubt that Nathaniel Allen, the person Bennie Erby was accused of having killed, died as the result of a gunshot wound or wounds inflicted by appellant. The shooting occurred at Cora Johnson’s residence, where, appellant said, she sold beer. Appellant contends that he killed…