MOORE v. STATE

No. 37191.

384 S.W.2d 141 (1964)

Oscar Pete MOORE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 25, 1964.


Attorney(s) appearing for the Case

John W. O'Dowd, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brough and Neil McKay, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The conviction is for murder without malice; the punishment, five years.

In view of our disposition of the case, a recitation of the facts is not deemed necessary other than to observe that it was shown by the evidence that appellant shot the deceased while intending to shoot the state's witness Carl James Armstrong, with whom he had a difficulty. At the trial, three witnesses to the killing and certain officers who later came to the scene...

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