OPINION
DALLY, Commissioner.
The conviction is for murder with malice; the punishment, forty-five years imprisonment.
The record reflects that the deceased, Albert D. Vera, and three friends were drinking beer at a table in the "La Perlita Lounge" in Von Ormy, Texas, on the night of September 20, 1969. The appellant, who did not know Vera, and another man were seated at the adjacent table with two women. Late in the evening Vera approached the appellant...
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