Teal v. State

OPINION

KEITH, Commissioner.

The appeal is from a conviction of attempted murder wherein the jury assessed the punishment at confinement for ten years.

Appellant, along with fifteen or twenty other persons including Earl Brooks, Jr., was in Curtis Henderson’s Cafe on the “front” in Lufkin on the night of November 2, 1974. According to the State’s testimony, appellant pulled his small pistol from his back pocket, pointed it between Brooks’ eyes and pulled the trigger, but the pistol did not fire. Then, according to several State witnesses, appellant shot a second time, this time hitting Brooks in…