Johnson v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for murder. The punishment is imprisonment for fifteen years.

Appellant contends that the trial court erred by permitting the prosecutor to refer to and display before the jury a pistol which had been held inadmissible in evidence. Appellant also contends that evidence of the deceased’s use of marihuana was erroneously excluded, and that the prosecutor engaged in improper jury argument.

The evidence establishes that appellant fatally shot Sammie Lee Chopp, Jr., during the early morning hours of March 28, 1976. The shooting took place in…