NEWMAN v. STATE

No. 46731.

501 S.W.2d 94 (1973)

Calvin Earl NEWMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 31, 1973.


Attorney(s) appearing for the Case

Melvyn Carson Bruder (Court appointed), Dallas, for appellant.

Henry Wade, Dist. Atty., and Jerome L. Croston, Jr., Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

GREEN, Commissioner.

The conviction is for murder with malice. The punishment is life imprisonment.

Appellant in his third ground of error contends that the evidence is insufficient to sustain the verdict of guilt of murder with malice. It is his contention that the evidence makes out at most a case of murder without malice.

The State's evidence reflects that at about 6:00 o'clock P.M. on October 30, 1971, appellant armed himself...

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