WOODLEY, Commissioner.
The conviction is for murder with malice, with punishment assessed at five years confinement in the penitentiary.
Appellant was the owner and operator of a beer tavern. The deceased, Lee Bowen, on a prior occasion had visited appellant's place of business and engaged in a fist fight with appellant.
On the day of the homicide the deceased and one Delbert O. Crain came to the beer tavern. Upon leaving the building, the deceased...
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