¶1dissenting.
¶2I respectfully dissent. Appellant’s conduct leading to the firing of the pistol and the death of complainant, was inane and apparently unacceptable to the jury. It was within the jury’s province to assess punishment, within the range provided by law, and it did. I do not believe that the complained of charge or argument affected the jury’s punishment; the defendant’s outrageous conduct did. I would affirm.