Mahaffey v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder without malice. The punishment was assessed by the jury at five years.

The record reflects that the appellant who was the manager of Suzie’s Bar shot and killed Kenneth Dennis with a .22 caliber pistol.

Most of the State’s testimony was from the witness Wayne Buchanan. He met Kenneth Dennis, the deceased, at a tavern, and they later went to Suzie’s Bar and drank beer until the one o’clock a. m. closing time. The appellant asked Buchanan and Dennis to move from a table because it was reserved. »Dennis did so but reluctantly.…