Hamilton v. State

OPINION

MORRISON, Judge.

The offense is murder with malice; the punishment sixty-five (65) years.

The record reflects that three men attempted to rob a Harris County liquor store but were foiled in their effort by an off-duty police officer who was shopping at the store with his wife. The officer testified that after he felled one of the robbers, who had just shot a customer, he saw the appellant, armed with a .25 caliber pistol, holding the deceased as an apparent hostage-shield. He stated that when the deceased resisted, Robert Tezeno, the third robber, carrying a .32 caliber gun, came to…