Mosley v. State

Clarke, Presiding Justice.

Appellant Ernest T. Mosley shot the victim Leonard Luster on June 28, 1986. The shooting occurred following an exchange of insults between appellant’s nephew and the victim about the sexual proclivities of their two dogs, a chihuahua and a husky, in which each insisted that the other’s dog was a “faggot” and that his own dog was superior. As the argument grew heated, the victim threatened to “stop” or “stomp” the nephew’s heart. The appellant walked to his car and got a gun which he put into his pocket. Shortly thereafter, according to appellant’s testimony, the…