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BRYANT v. STATE

No. 40964.

423 S.W.2d 320 (1968)

Willie Lee BRYANT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 17, 1968.

Attorney(s) appearing for the Case

John Richard Howard, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Erwin G. Ernst, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

WOODLEY, Presiding Judge.

The offense is murder without malice; the punishment, 5 years.

The indictment alleged that appellant, with malice aforethought, killed Robert Lee Moore by shooting him with a gun. The case was submitted to the jury as an accidental killing by appellant, while wilfully committing an assault upon the deceased with a pistol which he was unlawfully carrying on or about his person. (Art. 42 P.C. and Art. 1151 Vernon's...

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