Jones v. State

CHRISTIAN, Judge.

— The offense is murder; the punishment confinement in the penitentiary for five years.

Deceased, Leroy Gray, stated in his dying declaration that appellant entered his room and shot him. The wife of deceased, who had formerly been appellant’s wife, was present when deceased was shot. Testifying for appellant she stated that appellant entered the room occupied by her and her husband; that she secured a pistol from under her pillow and pointed it at appellant for the purpose of keeping him out of the room; that in her excitement she fired the pistol; that the bullet struck…