Simmons v. State

Full title: Nelson SIMMONS, Appellant, v. STATE of Texas, Appellee.

Court: Court of Criminal Appeals of Texas

Date published: Jan 6, 1960

330 S.W.2d 617 (Tex. Crim. App. 1960)

Opinion

330 S.W.2d 617 (Tex.Crim.App. 1960) Nelson SIMMONS, Appellant, v. STATE of Texas, Appellee. No. 31230. Court of Criminal Appeals of Texas. January 6, 1960

[168 TEXCRIM 574] No attorney for appellant of record on appeal. Dan Walton, Dist. Atty., Lee P. Ward, Jr., Samuel H. Robertson, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

DAVIDSON, Judge.

This is a conviction for murder; the punishment, ten years in the penitentiary.

That appellant killed the deceased by shooting him with a gun is not disputed.

[168 TEXCRIM 575] In testifying in his own behalf, appellant admitted the killing but insisted that it was in defense of his wife against the actual attack of the deceased.

This defensive theory was pertinently submitted by the trial court in his charge to the jury, and by the jury rejected. Such rejection was within the province of the jury.

No errors appearing, and the facts authorizing the jury's conclusion of guilt, the judgment is affirmed.