These cases were decided under a now repealed criminal statute, and we do not find them determinative on the issue of an award for punitive damages in a civil case on the issue of malice. Hill v. State, 106 Tex.Crim. 255, 291 S.W. 914 (1925); Brown v. State, 73 Tex.Crim. 571, 166 S.W. 508 (1914); Hatfield v. State, 67 S.W. 110 (Tex.Crim.App. 1902). Seelbach has not proven as a matter of law that he was entitled to punitive damages, nor has he shown that the trial court's finding that he was not entitled to punitive damages was against the great weight and preponderance of the evidence.