Perry v. State

Frank Holt, Justice.

Appellant was convicted of first degree murder in the shooting death of one person and second degree battery in the shooting of another person. He received sentences, as the jury recommended, of 40 and 6 years imprisonment, respectively, and a $10,000 fine. We affirm.

Appellant, who claimed self-defense, first contends for reversal that the trial court erred in refusing to declare a mistrial following the testimony of a state’s witness who did not see either of the shootings. The witness testified that he was in a house fifty or sixty feet from the incident when he heard…