Montgomery v. State

Jordan, Justice.

Appellant Calvin Montgomery appeals his conviction for murder and sentence of life imprisonment. We affirm.

The material facts of this case as presented by the testimony of the appellant and two eyewitnesses are undisputed. Appellant, the victim, James Hutchins and Alvin West were engaged in gambling when a dispute arose between appellant and the victim in a crap game over whether the point was nine or ten. Appellant drew a pistol on the unarmed victim who then threatened to arm himself with a shotgun. As the victim ran from the room, appellant fired two shots into his back…