DeHart v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of murder with malice aforethought; the punishment was assessed by the jury at 99 years in the Department of Corrections.

The sufficiency of the evidence is not challenged.

Leslie Dean DeHart, Sr., father of appellant, died as the result of a gun shot wound inflicted to his face and neck at his home in Houston on November 10, 1969.

William Francis testified that at approximately 5:00 to 5:30 P.M. on November 10, 1969, appellant came to his house and asked to borrow his .22 magnum pistol. He loaned appellant his pistol and some…