Mathis v. State.

BENHAM, Justice.

Rosemary Mathis suffered a fatal gunshot wound to the head on October 8, 1999, while she was removing her belongings from the marital home she shared with appellant Laris Lovett Mathis. Appellant was convicted of the malice murder of his wife, and he appeals.

1. Appellant first contends the evidence was insufficient to authorize the jury’s return of a guilty verdict on the charge of malice murder and authorized the jury only to find appellant guilty of voluntary manslaughter. The trial court instructed the jury on the law concerning both malice murder and voluntary manslaughter…