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BURNETT v. STATE

No. 43755.

466 S.W.2d 561 (1971)

Fletcher Eugene BURNETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 12, 1971.

Attorney(s) appearing for the Case

Kilgore, Cole & Garrett by W. W. Kilgore, Victoria, for appellant.

William C. Sparks, Dist. Atty., and D. F. Martinak, Asst. Dist. Atty., Victoria, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of murder without malice. The punishment was assessed by a jury at five years.

The evidence reflects that Fletcher Eugene Burnett, the appellant, and his sister, Carolyn Rydolph, went to the Imperial Club in Victoria on the evening of July 4, 1969. They arrived at the Club at approximately 8 P.M., joined some friends, drank and danced a little until approximately midnight. Around...

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