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POGUE v. STATE

No. 44261.

474 S.W.2d 492 (1971)

John George POGUE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 18, 1972.

Attorney(s) appearing for the Case

James L. Mitchell, Dallas, for appellant.

Henry Wade, Dist. Atty., and John B. Tolle and Robert T. Baskett, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for murder without malice where the punishment was assessed at 5 years.

The indictment charged that the appellant on or about March 13, 1969, did "voluntarily and with malice aforethought kill Dennis Wayne Wilder by shooting him with a gun."

Initially appellant challenges the sufficiency of the evidence to sustain the conviction. He advances the theory that the killing was...

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