Hartman v. State

OPINION

GREEN, Commissioner.

Appellant was convicted, in a trial before a jury, of murder with malice. Punishment was assessed by the jury at five (5) years’ imprisonment.

The evidence reflects that on February 4, 1972, Nadine Hartman, the appellant, shot her husband in the back using a small caliber pistol. After being shot, the deceased grabbed the gun from appellant, got in his car and drove from the scene. Ap proximately one (1) mile from the shooting scene, the car of the deceased turned over. He crawled out of the car and died within a few moments. A pathologist who performed the autopsy…