Gonzales v. State

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for murder under V.T.C.A. Penal Code, Sec. 19.04 upon a plea of not guilty. The jury assessed punishment at fifty years.

The record reflects that appellant shot Cletus Cooper in his motel room during the early evening of August 4, 1974. Appellant’s wife was present in the deceased’s motel room at the time of the shooting and she was also shot, although not fatally wounded. Both appellant and his wife testified that they had been separated for a few weeks at the time of the shooting.

Appellant’s wife, Diane Gonzales, testified that,…