Carter v. State

OPINION

WOODLEY, Presiding Judge.

The offense is murder with malice; the punishment, life. The state did not seek the death penalty.

Trial was before a jury. A plea of not guilty was entered and an application for probation was filed.

The sufficiency of the evidence to sustain the conviction is not questioned.

The undisputed evidence shows that appellant killed the deceased by shooting her with a pistol, three shots having been fired. Appellant’s testimony raised the issue of self-defense. The state offered testimony that the deceased was unarmed when she was shot and that she had some change in…