MACKEY v. STATE

No. 44934.

480 S.W.2d 720 (1972)

Jesse MACKEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 21, 1972.


Attorney(s) appearing for the Case

Gray, Aaron & Dorsey, by Melvin Gray, San Angelo, for appellant.

Ed Paynter, Dist. Atty., Sam Moore, Asst. Dist. Atty., Abilene, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DALLY, Commissioner.

The conviction was for murder; the punishment, life imprisonment.

The sufficiency of the evidence, which is not challenged, shows that the appellant shot Lee Roy Myrick with a pistol in a motel room where the appellant, the deceased and others were having a drinking party. Myrick's death was almost instantaneous. The appellant's defense of an accidental shooting was submitted to the jury and resolved against him by its...

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