OPINION
MORRISON, Judge.
The offense is murder with malice; the punishment sixty-five (65) years.
The record reflects that three men attempted to rob a Harris County liquor store but were foiled in their effort by an off-duty police officer who was shopping at the store with his wife. The officer testified that after he felled one of the robbers, who had just shot a customer, he saw the appellant, armed with a .25 caliber pistol, holding the deceased...
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