Whitson v. State

OPINION

GREEN, Commissioner.

In a trial before a jury on a plea of not guilty, appellant was convicted of murder without malice. Punishment was assessed by the jury at five years confinement.

The record reflects from the State’s evidence that Mrs. Mary Ann Boles, widow of the deceased Ralph Godfrey Boles, had previously been married to the appellant. They had a son, Jess Thomas Whitson, who was nine years old at the time of the shooting on June 5, 1970, here involved. Appellant and his wife Mary Ann were divorced in 1967. She got custody of Jess, with appellant securing visitation rights on the…