W. T. Dunlap v. State Texas

The sufficiency of the evidence is not challenged. The record reflects that on Christmas Day in 1968, the appellant shot his wife in the leg and in the hand with a pistol while she was at the home of Betty Constant, her twin sister. At approximately the same time, he shot and killed Betty Constant. The appellant and his wife were separated. She had filed suit for divorce. An attempted reconciliation failed. On the day of the homicide appellant armed himself with the pistol and went to his sister-in-laws home where he threatened to kill his wife several times. When he pulled the gun, the two women tried to prevent the shooting, but could not. One shot hit Betty Constant in the chest and killed her. Two shots hit his wife. He was attempting to shoot her again when the gun jammed.