Tooke v. State

JAMES, Justice.

This appeal arises out of a conviction for murder wherein the punishment was assessed at fifty (50) years in the Texas Department of Corrections. We affirm.

The sufficiency of the evidence is not challenged. The record reveals that in the early part of the evening on June 30, 1979, appellant drove by his ex-wife’s home. He became curious when he saw a strange car parked in the driveway so he walked up to the rear of the house and looked through a large plate glass window. He saw his ex-wife and a strange man engaged in sexual activity on the floor of the den. He broke a window…