Clanton v. State

OPINION

GREEN, Commissioner.

This appeal is from a conviction for murder with malice, in which punishment was assessed at life.

The record reflects that on December 22, 1973, appellant shot and killed his ex-wife in a lounge in Odessa. According to appellant’s testimony, the shooting was accidental.

In his first ground of error, appellant contends that the trial court erred in overruling his motion for a mistrial when the State, in its jury argument at the punishment stage, invited the jury to consider the length of time appellant would have to serve under the parole law.

The record reflects that…