Estrada v. State

OPINION

BELCHER, Judge.

The conviction is for murder; the punishment, thirty years.

It is undisputed that only the appellant, his wife (the deceased), and her daughter, Roberta Gandara, and several small children who were asleep, were in the house when the deceased suffered the injuries resulting in her death.

The testimony of the state reveals that the appellant inflicted the injuries causing the death of the deceased by the use of an instrument referred to in the indictment and in the evidence as a spade fork.

Appellant’s testimony shows that the spade fork was in the kitchen during an argument…