CUSTARD v. STATE

No. 01-89-00120-CR.

812 S.W.2d 82 (1991)

Oliver Curtis CUSTARD, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Overruled July 18, 1991.

Discretionary Review Refused October 2, 1991.


Attorney(s) appearing for the Case

Travis E. Kitchens, Jr., Coldsprings, for appellant.

Joe L. Price, Trinity Co. Dist. Atty., for appellee.

Before SAM BASS, DUNN and MIRABAL, JJ.


Published in part pursuant to Tex.R.App.P. 90.

OPINION

MIRABAL, Justice.

A jury found appellant guilty of murder and made an affirmative finding on use of a deadly weapon. The jury assessed punishment at life imprisonment and a $500 fine. We affirm.

Milton Hoot, 73, was killed on November 23, 1987, in a remote area of San Jacinto County, Texas, by a single shotgun blast to the chest.

Mr. Hoot's wife testified that a white male, later...

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