DAVIS v. STATE

No. 04-84-0498-CR.

692 S.W.2d 185 (1985)

Elton Lee DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

May 30, 1985.


Attorney(s) appearing for the Case

Robert E. Hoskins, Galveston, for appellant.

Michael J. Guarino, Galveston County Dist. Atty., Carla Marie Anderson, Galveston County Asst. Dist. Atty., Galveston, for appellee.

Before JACK SMITH, DUNN and COHEN, JJ.


OPINION

COHEN, Justice.

A jury convicted appellant of negligent homicide, and the court assessed punishment at one year jail confinement and a $2,000 fine.

The sufficiency of the evidence is not contested. The record shows that on November 5, 1983, appellant fatally shot his wife, Patricia Davis, in the chest with a .38 caliber handgun. Appellant gave two statements to the police admitting that, in attempting to prove to his wife that the gun was...

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