(dissenting).
The record as a whole, including an antecedent argument, presence of the appellant at the scene of the murder, possession of a gun by appellant immediately after shots were heard, and subsequent flight by appellant not mentioned in the majority opinion, shows that the facts in this case are of a positive character. At least, the facts and circumstances are of such a character as to place the appellant in such close proximity to the main fact as to render a charge on circumstantial evidence unnecessary. See Allen v. State, 36 Tex.Cr.R. 381, 37 S.W. 429.
I dissent to the reversal of this conviction.