Fisk v. State

OPINION

ONION, Judge.

The offense is murder without malice; the punishment, assessed by the jury, five (5) years in the Texas Department of Corrections.

The appellant was indicted for the murder of Florence Fisk, his wife, by shooting her with a gun.

All three of appellant’s grounds of error relate to the action of the trial court in admitting into evidence statements made by the appellant at or about the time of his arrest by Officer Dilman. It is appellant’s position that the statements were not admissible as res gestae utterances nor otherwise admissible in absence of a compliance with…