Salyer v. State

McDonald, judge

Murder is the offense; the punishment, ninety-nine years in the penitentiary.

The evidence is undisputed that on February 20,1960, in Harris County, the appellant shot and killed the deceased, Leona Pearl Sawyer, with whom he had been living for approximately three years.

The only major conflict in the evidence concerns whether the killing was the result of an accident or whether it was a malicious murder.

Witnesses appearing for the state testified to facts which would authorize the jury to determine that the killing was murder with malice aforethought.

Testifying in his own…