Clough v. State

DAVIDSON, Judge.

Under an indicment charging murder with malice, appellant was convicted of murder without malice and his punishment assessed at confinement in the penitentiary for five years.

The appellant, twenty years of age, and the deceased and others all of teen-age went to a party. Appellant, not invited to the party, went along with Barryman, who was.

A dispute arose between Bracken, nephew of appellant, and James Coleman, the deceased.

The state’s testimony shows that appellant shot the deceased through the head with a small-caliber pistol which Bracken handed to him while the dispute or…