Evans v. State

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for murder. Penalty was assessed by the jury at twenty-five years.

The record reflects that the appellant shot his estranged wife on the evening of December 14, 1968, at the Tom Thumb Shopping Center in Dallas County.

The sufficiency of the evidence is not challenged.

At the outset, appellant contends the court was in error in admitting statement of deceased’s son at the scene in question.

The record reflects the following testimony of deceased’s eight year old son, Gary Jackson:

“O And you’re sure that was your mother laying on the…