J. B. Fuller v. State Texas

The states testimony was undisputed that appellant shot the injured party with a.38 calibre pistol after the injured party had reprimanded appellant in a domino hall for making a statement that he (appellant) ought to go get his gun and kill everyone present. Both parties had left the hall and at the time of the shooting some twenty minutes later the injured party was standing at a street corner near a fire plug and appellant was standing, at relatively close range, near his automobile, in the middle of the street. The testimony of the states witnesses was, in substance, that appellant drove up in his automobile, got out, and fired five shots at the injured party without any legal justification or excuse. The first shot missed its mark but the other four bullets struck the injured partys body.