LEATH v. STATE

No. 33038.

346 S.W.2d 346 (1961)

Fred Thomas LEATH, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 12, 1961.


Attorney(s) appearing for the Case

Jack Love, Joe Shannon, Fort Worth, for appellant.

Doug Crouch, Criminal Dist. Atty., A. J. Bryan, Spencer Shropshire, Gerald Weatherly, Asst. Crim. Dist. Attys., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for murder; the punishment, death.

The testimony of the state shows that as two police officers approached the closed door of appellant's apartment about 8 p. m., March 24, 1959, he opened the door, motioned for them to enter, said "I just shot somebody", and pointed to a pistol on the bed which they found to contain two live cartridges; four empty cartridges were found in the room. Upon entering the apartment they...

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