BELCHER, Commissioner.
The conviction is for murder with malice; the punishment, death.
The testimony of the State reveals that in response to a radio dispatch about 8:30 p. m. on September 22, Constable Wicker went to Sanders' Place in Ferris where the appellant had shot his pistol three times in the yard while drinking beer, cursing and "raising sand." While shooting the pistol appellant said, "`God damn it to hell. I am going to kill me somebody before...
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