Poteet v. State

WOODLEY, Judge.

The conviction is for murder with malice, with punishment assessed at five years’ confinement in the penitentiary.

Appellant was the owner and operator of a beer tavern. The deceased, Lee Bowen, on a prior occasion had visited appellant’s place of business and engaged in a fist fight with appellant.

*250On the day of the homicide the deceased and one Delbert 0. Crain came to the beer tavern. Upon leaving the building, the deceased engaged in a fight with one Glenn Tatlock, one of the persons who was present at the previous difficulty.

Appellant came out of the tavern and shot the…