Gibson v. State

OPINION

ONION, Judge.

The offense is assault with intent to commit murder; the punishment, enhanced under the provisions of Article 63, Vernon’s Ann.P.C., life.

We dolnot deem it essential for the proper disposition of this appeal to set forth the details of the offense. Suffice it to say the shooting here involved was motivated by jealousy between the appellant and Coy Blacksher, the complaining witness, over the affections of a woman who was married to a third man.

In ground of error #1 appellant complains of the trial court’s refusal to grant a mistrial following prejudicial and inflammatory…