Jones v. State

OPINION

GREEN, Commissioner.

In a trial before a jury on an indictment for murder, appellant was convicted of voluntary manslaughter. See V.T.C.A. Penal Code, Sec. 19.04. Punishment was assessed at ten years.

The record reflects that at about 4:00 o’clock in the morning of August 20, 1974, in front of appellant’s home in Houston, appellant shot deceased three times with a shotgun causing the death of deceased. Mrs. Lydia Johnson, a State’s witness, testified that for about twenty hours immediately prior thereto she and deceased had been in deceased’s home drinking together. About 3:30 a. m., she…