Austin v. State

BILL BASS, Justice:

The jury convicted appellant of involuntary manslaughter and assessed punishment at three and one-half years in prison. He contends that the court erred when it denied his motion for a mistrial after the prosecutor made an improper jury argument at the punishment phase and when it admitted into evidence a conversation between him and a police officer in violation of Tex.Code Crim.Proc.Ann. arts. 38.22, 38.-24 (Vernon 1979). We affirm.

On March 11, 1984, appellant killed his wife by shooting her in the head with a pistol. His sole defense to the charge of involuntary…