Hernandez v. State

OPINION

GREEN, Commissioner.

Appellant was convicted on his plea of not guilty in a trial before a jury of murder with malice. Punishment was assessed at ten years.

Appellant contends that the verdict of the jury is not supported by the evidence.

The record discloses that appellant and Susie Lopez Arizola, the deceased, had been living together for about three years. On the night of April 23, 1971, he came to the house somewhere close to midnight and, upon entering the kitchen, called Susie by name. As she turned around, he shot her in the left side of her chest with a .38 pistol. After he shot…