Montgomery v. State

GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Murder for which he received a sentence of forty (40) years.

The facts are: On November 2, 1985, while visiting the home of his father's former girl friend, appellant, who was carrying a .357 magnum handgun, stated his intention to kill his father, Floyd Montgomery, Sr., who had shot appellant during an argument in 1983. Around 5:00 p.m. the following day, the elder Montgomery was talking on the telephone with a close friend when he asked her to "hold on;" she then heard the sound of a door opening followed by "a loud bang…