FOSTER v. STATE

No. 46181.

493 S.W.2d 812 (1973)

Clyde FOSTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 16, 1973.


Attorney(s) appearing for the Case

Kenneth L. Sanders, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Robert Bennett, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

JACKSON, Commissioner.

Conviction for murder with malice, by a jury; the punishment, 10 years.

Appellant, a man 78 years old, killed his friend Frank E. Olsson by shooting him six times with a pistol. Appellant was at that time married to Rosalee Skurlock, but they were separated. He and Olsson went to her home to pick up a TV. She and Olsson moved the TV away from the wall, then she heard Olsson say, "Clyde, don't shoot me," and looked up...

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