Shipley v. State

KRUEGER, Judge.

Appellant was convicted of the offense of murder without malice, and his punishment was assessed at confinement in the state penitentiary for a term of three years.

The testimony, briefly stated, shows that appellant and J. Willingham met at a dance, where some uncomplimentary remarks were passed between them and appellant struck Willing-ham with his fist. Willingham then ran towards his car. Appellant also went to his car and took therefrom a pistol. When Willingham started his car, appellant, either intentionally or by accident, fired his pistol, the bullet passing through the…