Smith v. State

Appellant, Michael Lynn Smith, and Richard Allen were indicted for the murder of appellant’s girlfriend, Tammie Joe Love. The murder occurred early on September 25, 1992 in a water-filled sand pit located near Katy. Appellant shot the victim several times with a .22 calibre rifle, and eight bullets, all of that calibre, were recovered from her body. Allen fired rounds from a .380 calibre pistol into the water.

Allen pled guilty to attempted murder and agreed to testify against appellant. Allen testified that he aimed his pistol away from the victim when he fired. In its charge to the jury…