Plasentilla v. State

DAVIDSON, Judge.

Murder with malice is the offense; the punishment, fifty years in the penitentiary.

This is an unexplained killing.

The appellant, the deceased, the brother of deceased, and one Nunez were together at night on the streets. Appellant was heard to exclaim that he “wanted to kill someone,” at the time exhibiting a 32 automatic pistol. The remark of wanting to kill someone does not appear to have been directed against anyone in particular. However, deceased said to the others present, “No, he is my friend. Nothing will happen.” His brother and Nunez walked away, leaving deceased and…