Burchfield v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder. The jury assessed the punishment at fifteen years.

*276The sufficiency of the evidence is not challenged.

The record reflects that on May 2, 1969, at approximately 5:00 p.m., the appellant arrived by pickup truck at deceased’s trailer house. The deceased started walking toward appellant’s pickup and when he got without four or five feet of it, there was a gunshot. The deceased then walked back toward his pickup, pulled a pistol out of his righthand pocket and fired at the appellant through the windshield of appellant’s truck.…