AUSTIN v. STATE

No. 36262.

375 S.W.2d 308 (1964)

Bernice AUSTIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 12, 1964.


Attorney(s) appearing for the Case

Hugh O. Lea, Hemphill, for appellant.

James A. Morris, Dist. Atty., Roy Wingate, Asst. Dist. Atty., Orange, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Presiding Judge.

The offense is murder without malice; the punishment, 2 years.

The appellant was charged with the murder of her husband, Ira Austin, with malice. The jury decided the issue of self-defense against the appellant and found her guilty of murder without malice.

The undisputed evidence, including the confession of the appellant, shows that she shot her husband with a .22 caliber pistol.

Oscar Ray Griffin, M. D., a pathologist...

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