Brinkley v. State

MORRISON, Judge.

The offense is murder; the punishment, death.

■ The appellant and his wife (the deceased) were living in one side of a duplexTtype house, while the other side was occupied by their son and his family. Only the appellant, the deceased and their son were present when the homicide occurred. The son, Marvin, was shot in the neck but did not die, and it is principally upon his testimony that this conviction growing out of the death of his mother rests. Marvin testified to an unprovoked killing. The appellant testified that he shot in self-defense from an attack by Marvin, that he…