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MOSZEE v. STATE

No. 42336.

449 S.W.2d 250 (1969)

Hazel MOSZEE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 4, 1970.

Attorney(s) appearing for the Case

Evans, Marshall, Graham & Ribak, by C. David Evans, Rose Spector, San Antonio, for appellant.

James E. Barlow, Dist. Atty., Preston H. Dial, Jr., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

The offense is murder; the punishment, twelve years.

The appellant contends that the evidence is insufficient to show murder with malice.

The undisputed evidence reveals that the appellant shot the deceased with a pistol which caused his death.

The evidence of the state reveals that the deceased's father and mother and the appellant's brother had been at a tavern for some time. The appellant came to

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