Dominguez v. State

OPINION

MORRISON, Judge.

The offense is murder without malice; the punishment, five years.

The sufficiency of the evidence is challenged in this respect; that by accepting appellant’s confession as voluntarily made and admissible, it is contended that the State has not made its case because the confession stated that appellant shot at deceased’s legs while he was on the floor on his back. This Court properly answered this contention in Tapley v. State, 158 Tex. Cr.R. 495, 256 S.W.2d 583, 586, where we said:

“To say that even though the accused pointed a deadly weapon directly at the injured party…