WOOD v. STATE

No. 49674.

523 S.W.2d 248 (1975)

James Bryan WOOD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 28, 1975.


Attorney(s) appearing for the Case

Robert B. Maloney, Dallas, for appellant.

Henry Wade, Dist. Atty., Richard W. Wilhelm, and Robert Whaley, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder without malice. Punishment was assessed by the jury at five years.

Appellant and Henry Porter, the deceased, got into an argument while playing pool in Hanger One Lounge in Dallas. In the fight that followed Porter knocked appellant down and kicked him. The fight was stopped. Appellant left and some thirty minutes later returned with a shotgun. Appellant chased Porter around the...

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