BROWN v. STATE

No. 41888.

438 S.W.2d 926 (1969)

Minnie Beatrice BROWN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 23, 1969.


Attorney(s) appearing for the Case

Billy C. Powell, J. Robert Harris, Houston (on appeal only), for appellant.

Carol S. Vance, Dist. Atty., Fred Heacock, Asst. Dist. Atty., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

The offense is murder; the punishment thirty years.

The sufficiency of the evidence to show murder with malice is challenged. The evidence is undisputed that appellant shot and killed Jim Benson with a .22 caliber pistol.

Appellant, her husband, Jim Benson, and others were at the Dream Street Inn in Houston drinking beer. While involved in an argument, appellant's husband had a chair in his hand, and Jim Benson had...

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