BEAUCHAMP, Judge.
Vance West was convicted for murder without malice and assessed a penalty of five years in the penitentiary.
Appellant had operated a cafe in Bandera in partnership with Bink West, the deceased, and another party named Morse. Bink West was the manager, at a salary of $300.00 per month, and was assisted by a friend of his, generally called "Gunner" High. This partnership lasted only a few
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