Van Byrd v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from conviction of murder. V.T.C.A. Penal Code, Sec. 19.02. Appellant was found guilty by the jury and the court set punishment at life imprisonment.

*267James Gaines testified that at about 4:20 p. m. on May 27,1977 he and George Moore, the deceased, were at Moore’s house. They had just come from the home of a friend where they had injected themselves with heroin. Gaines was talking on the phone as Moore answered a knock at the door. Gaines looked up to see appellant pointing a shotgun at him. He also observed that Moore was being searched by another man…