HOOVER v. STATE

No. 42272.

449 S.W.2d 60 (1969)

Donald Paul HOOVER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 28, 1970.


Attorney(s) appearing for the Case

Aultman & Riley, by Ronald Aultman, Fort Worth, for appellant.

Frank Coffey, Dist. Atty., Roland Hill and Truman Power, Asst. Dist. Attys., Fort Worth, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

The conviction is for murder; the penalty, twenty-five years.

The record reflects that Donald Paul Hoover, the appellant, and Virginia Lynn Martin, the deceased, were living together and that appellant shot and killed her. His defense was that he accidentally shot the deceased when he fired a pistol to awaken her.

The sufficiency of the evidence is challenged.

Officers of the Fort Worth Police Department in...

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