Austin v. State

Fletcher, Presiding Justice.

A jury convicted Marcus D. Austin of malice murder in the stabbing death of David Schultz. Austin contends that the trial court erred in allowing the state to introduce evidence of the victim’s character based on the defendant’s claim of self-defense. Since Austin’s statement and evidence placed the character of the deceased in issue, the trial court properly admitted the state’s evidence on the character of Schultz as a peaceable man. Therefore, we affirm.

1. The evidence presented at trial shows that Schultz employed Austin as a handyman for several weeks in 1996,…