NIXON v. STATE

No. 29192.

309 S.W.2d 454 (1958)

Dan NIXON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 8, 1958.


Attorney(s) appearing for the Case

James L. Drought, James Gillespie, Schlesinger, Goodstein & Semaan and A. A. Semaan (on Appeal Only), San Antonio, for appellant.

Hubert W. Green, Jr., Dist. Atty., Richard J. Woods, Asst. Dist. Atty., San Antonio, Leon B. Douglas, State's Atty., Austin, for the State.


DAVIDSON, Judge.

The offense is murder, with punishment assessed at death.

The evidence is undisputed that the appellant killed the deceased by shooting her with a gun.

The deceased was appellant's wife.

Appellant, by his own testimony and that of witnesses called by him, raised the issue of temporary insanity, produced by the recent use of intoxicating liquor or narcotic drugs, in mitigation of the penalty.

As a witness in his own...

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