Court of Criminal Appeals of Texas January 18, 1950, No. 24612 (Everhart v. State)

GRAVES, Judge.

Appellant was charged with the killing with malice of Brady Johnson, and by the jury assessed a term of life in the penitentiary, and he appeals.

From the facts it appears that appellant and several friends, together with the deceased and his wife, were engaged in drinking both whisky and wine during the evening of the homicide.