Mullane v. State

OPINION

DALLY, Commissioner.

The conviction is for murder with malice; the punishment, life.

The sufficiency of the evidence has not been challenged. The appellant testified in his own behalf. A brief part of appellant’s testimony on direct examination by his retained counsel is as follows:

“I picked the gun up and slid over to the the driver’s side. And when he got in the car, I still had the gun in my hand. And he took out his money and laid it on the dashboard ... I guess he knew I wasn’t going to do it until he got to pull that money out and just gigging me, and that is when I shot him.

“Like…