Jefferson v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for murder. Punishment was assessed by the jury at ten years.

Appellant contends that the court erred when it refused to grant a mistrial when a witness volunteered a hearsay statement that was so harmful as to deny him a fair trial.

The record reflects that Delbert Mc-Henry and the deceased had been to a party in Houston on the night of August 26, 1969. When they returned to the home of the deceased on West Dallas Street during the early morning hours of August 27, appellant was waiting there. According to Mc-Henry, an argument…