OPINION
GREEN, Commissioner.
This appeal is from a conviction of murder with malice. Punishment was assessed at life.
The indictment charges that on or about November 22, 1972, in Webb County, Texas, appellant, with malice aforethought, killed Jose Alfredo Avalos by shooting him with a rifle.
Considering the evidence most favorable to the verdict and judgment, the record reflects the following:
On November 23, 1972, officers Young...
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