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HARTMAN v. STATE

No. 47823.

507 S.W.2d 553 (1974)

Hazel Nadine HARTMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 3, 1974.

Attorney(s) appearing for the Case

Witherspoon, Aikin, Langley, Woods, Kendrick & Gulley, Hereford, Fike & Hunter, Dalhart, for appellant.

Michael P. Metcalf, Dist. Atty., Dumas, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

Appellant was convicted, in a trial before a jury, of murder with malice. Punishment was assessed by the jury at five (5) years' imprisonment.

The evidence reflects that on February 4, 1972, Nadine Hartman, the appellant, shot her husband in the back using a small caliber pistol. After being shot, the deceased grabbed the gun from appellant, got in his car and drove from the scene. Approximately

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