Nixon v. State

DAVIDSON, Judge.

The offense is murder, with punishment assessed at death.

The evidence is undisputed that the appellant killed the deceased by shooting her with a gun.

The deceased was appellant’s wife.

Appellant by his own testimony and that of witnesses called by him, raised the issue of temporary insanity, produced by the recent use of intoxicating liquor or narcotic drugs, in mitigation of the penalty.

As a witness in his own behalf, appellant testified that from the beginning of their married life in 1949 he and his wife started having trouble over her failure to properly prepare the meals,…