Lister v. State

The defendant was indicted for the attempted murder of Lois Bray. A jury convicted him of assault in the first degree. Sentence was twenty years' imprisonment. Three issues are raised on appeal.

I

On the night of January 23, 1982, the defendant shot and killed Betty Bray and shot and wounded her husband, Lois Bray, in one continuing criminal transaction. The murder case had the lower docket number, CC-82-29, followed by the attempted murder charge, CC-82-30. Both cases were scheduled for trial on the same day.

The defendant contends that he was prejudiced by having to defend the attempted murder…