Testimony of Dan Smith, Jr. Dan Smith, Jr., Ben Ganzy, Boyd Cutner and Harry Lee Wright were shooting dice. The dice came to Boyd and he shot and threw a seven and Ben Ganzy said he wasn't doing that way. He bet Boyd he wouldn't make a four. Boyd Cutner picked up the pennies and Ben Ganzy picked up the rifle, he told Boyd Cutner to give him the pennies and Harry Lee Wright said, "If you all start that in here you will need to get out." Ben said he wasn't going to shoot nobody. He got to the door and Boyd Cutner went to get up, said he didn't believe the rifle would shoot him and Ben said he would shoot him, He shot him once with a 22 rife. Testimony of Harry Lee Wright . . . Q. Was there any drinking? A. Ben was drinking.