Dixon v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for murder, V.T.C.A. Penal Code, Sec. 19.02. After finding appellant guilty, the jury assessed punishment at thirty-five years.

The deceased, Albert Renfro, was struck by a stray bullet fired during an altercation between appellant and another visitor to the deceased’s home on February 10, 1979. Testimony establishes that prior to the shooting George Carey, a neighbor of the deceased, entered the home of the deceased with a stick in his hand. Whether the stick was large or small was in dispute. Appellant saw Carey enter the house…