Kontos v. State

The appellant was indicted for the murder of her ex-husband, James Barney Cooner by shooting him with a pistol. The jury found the appellant guilty of murder in the first degree and fixed punishment at life imprisonment. Thereafter, the trial judge set sentence accordingly. The appellant made timely motion to exclude the State's evidence, request for the affirmative charge and motion for new trial. The trial judge denied each motion.

The trial commenced with the voir dire examination of Sergeant William T. Gaut. Sergeant Gaut testified that, in response to a telephone call from Attorney…