Cunningham v. State

MORRISON, Presiding Judge.

The offense is murder; the punishment, two years.

*285A 50-year-old wife killed her 59-year-old husband by shooting him with a pistol. The appellant admits firing one shot at the deceased inside their home and two more after the deceased was out in the yard. The state’s testimony shows more shots to have been fired. There were no eye witnesses for the state. The appellant’s son by a prior marriage was in the vicinity but did not see the shooting. The state’s case depended upon the fact that the deceased was shot at, first in the house and then later as he was apparently…