Evilsizer v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of murder; punishment was assessed by the jury at life.

The record reveals that on November 15, 1967, 1 appellant and deceased, the aunt of appellant’s estranged wife, were talking in the front yard of deceased’s home in Dallas. Following a brief argument, deceased struggled with appellant and shouted to a neighbor, “look out, he’s got a gun.” During the struggle deceased fell to the ground and appellant put a gun to her head, and said, “This will shut you up, damn you.” He then shot her and she died from the gun shot wound.…