Johnigan v. State

OPINION

CORNELIUS, Commissioner.

Appellant was convicted of murder without malice for the killing of John Herman Mims, and his punishment was assessed at five years’ confinement.

The offense occurred on May 21, 1971, at an American Legion Hall in Tyler. The deceased, along with a group of other persons, was leaving the hall and as he came out of the building a young lady was behind him and Robert McCloud was behind her. Appellant shot a pistol at Mc-Cloud. McCloud was hit and wounded, but Mims was either pushed or ran into the line of fire and was killed. Appellant testified that he fired once…