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ROSS EARL MAULDIN v. STATE (12/18/57)

decided: December 18, 1957.

ROSS EARL MAULDIN
v.
STATE



Murder. Appeal from criminal district court of Dallas County; penalty, 99 years in the penitentiary. Hon. J. Frank Wilson, Judge Presiding.

COUNSEL

Irwin and Irwin and T. K. Irwin and T. K. Irwin, Jr., and George W. Irwin and R. T. Scales, Dallas, attorneys for appellant on appeal only.

Henry Wade, Criminal District Attorney, Thomas Thorpe, A. D. Bowie, Frank Watts, Assistants District Attorney, Dallas, and Leon Douglas, State's Attorney, Austin, for the state.

Dice, Judge.

Author: Dice

[ 165 Tex. Crim. Page 406]

    The offense is murder; the punishment, 99 years. In view of our disposition of the case, a recitation of the facts is unnecessary other than to observe that the evidence was undisputed that the appellant killed the deceased by shooting him with a gun; the homicide occurring at a cafe in the city of Dallas.

It was the state's theory, which was supported by the testimony of its witnesses, that the appellant intentionally shot the deceased without any justification or excuse.

The defense offered by appellant was that of self-defense and accident.

As a witness in his own behalf appellant admitted shooting the deceased on the occasion in question but testified that in so doing he was defending himself; that the gun "went off" when he struck the deceased and that he did not intend to kill him. He further testified in support of his application for suspension of sentence that he had never been convicted of a felony in this or any other state.

Upon cross-examination, in answer to questions propounded by state's counsel, appellant testified he had never carried a knife.

Thereuon the state was permitted to interrogate the appellant relative to his having had previous trouble over carrying a knife and he was asked, and admitted, that he had once "gotten in trouble over carrying a knife" and was "filed on for aggravated assault with a knife." He was also asked, but denied, that he had pulled a knife on one Marvin Booker and cut him three times or that he did "a little carving" on one Curtis Harris.

Appellant objected to such line of ...


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