Boulware v. State

OPINION

PART I

DOUGLAS, Judge.

In a trial before a jury, appellant was convicted of murder with malice of Donald Tucker, a peace officer acting in the lawful discharge of his official duty. Punishment, under the provisions of Article 1257(b)(1), V.A.P.C., 1 and Article 37.071, V.A.C.C.P., 2 was assessed at death.

Sometime near 11:00 p. m. on December 12, 1973, appellant went to the home of his ex-wife, Jewel Boulware, from whom he had been divorced for twelve days. Present at the house when he arrived were J. W. Cobb, Jewel’s brother, Jewel’s twelve-year-old daughter, and two friends. Jewel…