James Sidney Terry, Jr. was charged with the murder of one Susan Diane Terry, by shooting her with a pistol, in violation of §
The appellant pled not guilty and not guilty by reason of insanity. The jury found the appellant "guilty of murder" and following a sentencing hearing, the trial court fixed punishment at life imprisonment.
There is no challenge in this appeal as to the sufficiency of the evidence from which the appellant was convicted.
On September 16, 1982, at approximately 7:00 p.m., neighbors of the victim observed the appellant drive up to the victim's house. He entered the home through the garage and was observed carrying a pistol. A short time after his arrival, the neighbors stated that they heard three gunshots and observed the appellant leave the home carrying his young son with him. The appellant then drove away. The police were summoned and upon arrival they found Diane Terry's body in the kitchen of the home.
The appellant drove to the home of his parents, left the child with his mother, and he and his father went to the police station. The appellant admitted the shooting and told police that he threw the gun down in the garage of Diane Terry's home.
During the trial of the case, the appellant introduced evidence of a long history of mental illness, dating back to 1971. The State submitted this evidence with a deposition from Dr. Alexander Salillas, a psychiatrist on the staff of the Taylor Hardin Secure Medical Facility. Dr. Salillas stated that the appellant was competent to stand trial and cooperate with his attorney, and that he could find nothing to support that the appellant would have been inculpable and not responsible at the time of the shooting.
Our examination of the record in this cause reveals no error.
The judgment of the trial court is due to be and is hereby affirmed.
AFFIRMED.
All the Judges concur.
