Dowling v. State

MORRISON, Presiding Judge.

A prior death penalty murder conviction of this appellant was reversed because certain evidence was denied the accused. Dowling v. State, 164 Texas Cr. Rep. 650, 301 S.W. 2d 920. Upon retrial, the death penalty was again inflicted.

The state’s witness testified that the appellant approached his wife on a downtown street in Houston and shot her in the back with a pistol. Another witness testified that earlier in the morning, while • sitting in a bar and speaking of his marital difficulties, the appellant had said “if I start drinking and I get good, right mad I am…