Davis v. State

OPINION

COHEN, Justice.

A jury convicted appellant of negligent homicide, and the court assessed punishment at one year jail confinement and a $2,000 fine.

The sufficiency of the evidence is not contested. The record shows that on November 5, 1983, appellant fatally shot his wife, Patricia Davis, in the chest with a .38 caliber handgun. Appellant gave two statements to the police admitting that, in attempting to prove to his wife that the gun was unloaded, he pulled the trigger and the gun fired. Both statements were admitted into evidence, and a former assistant district attorney testified that…