MORRISON, Judge.
The offense is murder; the punishment, death.
The appellant and the deceased had led a short but turbulent marital life. The deceased left the accused; the appellant bought a pistol, and some few days later went to the cafe where the deceased was working. There, he shot her several times and then turned the pistol on himself.
The only defense offered was that the accused had “blacked out” at the time of the shooting and remembered nothing of what had transpired.
We shall discuss the contentions presented by able counsel in his brief.
Bill of Exception No. 4 reflects that Dr. Hotchkiss, a witness for the state, treated appellant for his self-inflicted wounds some 30 minutes after the homicide. He was permitted to testify, over appellant’s objection, that in his opinion, based upon his examination of the accused at that time, together with his observation of the accused for some 8 days following the homicide, at the time of the shooting the appellant knew the difference between right and wrong and understood the nature and consequences of his acts.
Because of the shortness of time that had elapsed between the homicide and the examination by the doctor, we are not [399]*399impressed by appellant’s complaint that such testimony constituted “prognosis in retrospect.”
In Brady v. State, 116 Tex. Cr. R. 427, 34 S.W. 2d 587, we held that a doctor who treated the appellant’s wounds “shortly after the homicide” was properly permitted to testify that, in his opinion, the appellant was sane on the night of the homicide, and is controlling herein.
Though not advanced in his brief or argument, we feel that appellant’s Bill of Exception No. 3 should be discussed. It complains that the state witness Dr. Kallina, the county health officer, was permitted to testify that he had seen the accused for the first time 7 days subsequent to the homicide and that he was permitted to give his opinion, not in reply to a hypothetical question, that the accused was sane at the time of the homicide and knew the difference between right and wrong and understood the nature and consequence of his acts at such time.
The objection was, among other grounds, that the testimony was not properly the subject of expert testimony because of the length of time which had transpired between the commission of the offense and the examination by the doctor.
The question sought to be raised is not here directly before us for determination, because immediately following the giving of the above testimony the state did propound to the witness a full and accurate hypothetical question, to which the witness answered that in his opinion the accused was sane at the time of the commission of the offense. We feel that the error, if any, was cured by the propounding of the hypothetical question. Such method of interrogating an expert has long been approved.
We have studied the case of People v. Saccoia, 255 N. W. 738, cited by appellant, with care but do not feel that the facts of that case control the case at bar. It is evident from the opinion in that case that the trial court did not feel that the witness was competent to express an opinion on the question of defendant’s sanity at a time prior to his examination of him, and the appellate court merely upheld the discretion of the trial court in the matter, without analyzing the question of law before them and without enunciating any rule of law with reference to expert testimony.
[400]*400We see no merit in appellant’s contention that this testimony invaded the province of the jury.
Each doctor observed the appellant and testified from such observation.
Judge Phillips, in N. Y. Life Ins. Co. v. Doerksen, 64 F. 2d 240, said:
“Where the matter under inquiry is one on which certain persons by reason of training, observation, or experience, possess expert knowledge which will be of aid to the jury in reaching a correct solution of the issues and is therefore properly the subject of expert testimony, it is no objection that the opinion elicited from the expert is on an issue or point to be decided by the jury.”
Appellant next complains of the admission of evidence as to statements made by the accused following his arrest and while he was being carried in an ambulance to the hospital for treatment. Such damaging statements were evidently admitted upon the thought that they were a part of the res gestae. Though time is not the sole controlling factor in determining whether a statement is res gestae of the offense, we find here that such was made within not less than 10 nor more than 30 minutes after the homicide, depending upon which witness was correct in his estimate as to time. Though also not controlling, we find here that the statements were volunteered and not made in response to an inquiry by the arresting officer.
In the case at bar, a convincing argument favoring the admissibility of the statements is that the appellant had shot himself on the right side between the abdomen and the chest and was shown to have been obviously suffering before and after he made the statement, which would in some measure negative the thought that the statement was premeditated and was persuasive that the same was spontaneously made. Appellant inquired of the officer who had him in custody if his wife was dead and then gave his reasons for hoping that she was.
We find the statement to have been made under such stress and under such conditions as to make it admissible as part of the res gestae. Outlaw v. State, 125 Tex. Cr. R. 636, 69 S.W. 2d 120.
Appellant next complains of a comment of the trial court as [401]*401being on the weight of the evidence. We must examine the setting under which the comment was made. The witness Airón had testified for the state, relating a conversation with the appellant prior to the date of the homicide in which appellant had indicated his intention to kill the deceased. When being cross-examined by appellant, the state interposed the objection that counsel’s questions were argumentative, which objection the court sustained. The questions related to prior convictions of the witness for vagrancy, drunkenness, and disturbance.
In attempting to justify his course of cross-examination, counsel for appellant made a statement to the court' that it was obvious that the witness was hostile and unwilling. At this juncture, the court stated: “Seems to me she has testified very willingly.” Appellant objected to such remark of the court as being on the weight of the evidence. Whereupon, the court said, “The court said nothing whatever about credibleness,” and instructed counsel to proceed with the examination. Had this statement been made while the witness was testifying for the state, the impropriety of the same would have been obvious. But, coming as it did after the witness had admitted several convictions for the offenses enumerated and was stating to counsel that she did not know whether she had plead guilty to a specific offense because she had employed a lawyer to attend to the matter for her, another situation is presented. As we view the occurrence, it was a statement by the court that the witness was freely admitting her prior misdeeds, which the record supports, and that this was the meaning given it by the jury. We see no injury to the appellant, and hence no reversible error is shown. Crane v. State, 91 Tex. Cr. R. 304, 240 S. W. 920.
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MORRISON, Judge.
The offense is murder; the punishment, death.
The appellant and the deceased had led a short but turbulent marital life. The deceased left the accused; the appellant bought a pistol, and some few days later went to the cafe where the deceased was working. There, he shot her several times and then turned the pistol on himself.
The only defense offered was that the accused had “blacked out” at the time of the shooting and remembered nothing of what had transpired.
We shall discuss the contentions presented by able counsel in his brief.
Bill of Exception No. 4 reflects that Dr. Hotchkiss, a witness for the state, treated appellant for his self-inflicted wounds some 30 minutes after the homicide. He was permitted to testify, over appellant’s objection, that in his opinion, based upon his examination of the accused at that time, together with his observation of the accused for some 8 days following the homicide, at the time of the shooting the appellant knew the difference between right and wrong and understood the nature and consequences of his acts.
Because of the shortness of time that had elapsed between the homicide and the examination by the doctor, we are not [399]*399impressed by appellant’s complaint that such testimony constituted “prognosis in retrospect.”
In Brady v. State, 116 Tex. Cr. R. 427, 34 S.W. 2d 587, we held that a doctor who treated the appellant’s wounds “shortly after the homicide” was properly permitted to testify that, in his opinion, the appellant was sane on the night of the homicide, and is controlling herein.
Though not advanced in his brief or argument, we feel that appellant’s Bill of Exception No. 3 should be discussed. It complains that the state witness Dr. Kallina, the county health officer, was permitted to testify that he had seen the accused for the first time 7 days subsequent to the homicide and that he was permitted to give his opinion, not in reply to a hypothetical question, that the accused was sane at the time of the homicide and knew the difference between right and wrong and understood the nature and consequence of his acts at such time.
The objection was, among other grounds, that the testimony was not properly the subject of expert testimony because of the length of time which had transpired between the commission of the offense and the examination by the doctor.
The question sought to be raised is not here directly before us for determination, because immediately following the giving of the above testimony the state did propound to the witness a full and accurate hypothetical question, to which the witness answered that in his opinion the accused was sane at the time of the commission of the offense. We feel that the error, if any, was cured by the propounding of the hypothetical question. Such method of interrogating an expert has long been approved.
We have studied the case of People v. Saccoia, 255 N. W. 738, cited by appellant, with care but do not feel that the facts of that case control the case at bar. It is evident from the opinion in that case that the trial court did not feel that the witness was competent to express an opinion on the question of defendant’s sanity at a time prior to his examination of him, and the appellate court merely upheld the discretion of the trial court in the matter, without analyzing the question of law before them and without enunciating any rule of law with reference to expert testimony.
[400]*400We see no merit in appellant’s contention that this testimony invaded the province of the jury.
Each doctor observed the appellant and testified from such observation.
Judge Phillips, in N. Y. Life Ins. Co. v. Doerksen, 64 F. 2d 240, said:
“Where the matter under inquiry is one on which certain persons by reason of training, observation, or experience, possess expert knowledge which will be of aid to the jury in reaching a correct solution of the issues and is therefore properly the subject of expert testimony, it is no objection that the opinion elicited from the expert is on an issue or point to be decided by the jury.”
Appellant next complains of the admission of evidence as to statements made by the accused following his arrest and while he was being carried in an ambulance to the hospital for treatment. Such damaging statements were evidently admitted upon the thought that they were a part of the res gestae. Though time is not the sole controlling factor in determining whether a statement is res gestae of the offense, we find here that such was made within not less than 10 nor more than 30 minutes after the homicide, depending upon which witness was correct in his estimate as to time. Though also not controlling, we find here that the statements were volunteered and not made in response to an inquiry by the arresting officer.
In the case at bar, a convincing argument favoring the admissibility of the statements is that the appellant had shot himself on the right side between the abdomen and the chest and was shown to have been obviously suffering before and after he made the statement, which would in some measure negative the thought that the statement was premeditated and was persuasive that the same was spontaneously made. Appellant inquired of the officer who had him in custody if his wife was dead and then gave his reasons for hoping that she was.
We find the statement to have been made under such stress and under such conditions as to make it admissible as part of the res gestae. Outlaw v. State, 125 Tex. Cr. R. 636, 69 S.W. 2d 120.
Appellant next complains of a comment of the trial court as [401]*401being on the weight of the evidence. We must examine the setting under which the comment was made. The witness Airón had testified for the state, relating a conversation with the appellant prior to the date of the homicide in which appellant had indicated his intention to kill the deceased. When being cross-examined by appellant, the state interposed the objection that counsel’s questions were argumentative, which objection the court sustained. The questions related to prior convictions of the witness for vagrancy, drunkenness, and disturbance.
In attempting to justify his course of cross-examination, counsel for appellant made a statement to the court' that it was obvious that the witness was hostile and unwilling. At this juncture, the court stated: “Seems to me she has testified very willingly.” Appellant objected to such remark of the court as being on the weight of the evidence. Whereupon, the court said, “The court said nothing whatever about credibleness,” and instructed counsel to proceed with the examination. Had this statement been made while the witness was testifying for the state, the impropriety of the same would have been obvious. But, coming as it did after the witness had admitted several convictions for the offenses enumerated and was stating to counsel that she did not know whether she had plead guilty to a specific offense because she had employed a lawyer to attend to the matter for her, another situation is presented. As we view the occurrence, it was a statement by the court that the witness was freely admitting her prior misdeeds, which the record supports, and that this was the meaning given it by the jury. We see no injury to the appellant, and hence no reversible error is shown. Crane v. State, 91 Tex. Cr. R. 304, 240 S. W. 920.
Appellant’s last complaint relates to the argument of the district attorney in which he told the jury, “Never in my lifetime have I ever seen a more terrible case than this one on its facts.”
The bill reflects that the court responded to appellant’s objection and instructed the jury not to consider the argument. The bill further recites that the prosecutor who made the statement had also prosecuted the Fred Jones case, which had originated in said county and which had resulted in a death penalty.
Appellant would have us hold that this argument amounted to a statement that the case on trial was more terrible than [402]*402the Jones case. This, we are not prepared to do, but we do observe that similar argument has been before this court on several occasions. In Roberts v. State, 48 Tex. Cr. R. 210, 87 S. W. 147, we said:
“We do not believe that the remarks of the county attorney were unauthorized. The mere suggestion that he had tried many cases, but had never tried one where the evidence was as strong as in this, was not of that character as injuriously affected appellant.”
And, in Price v. State, 87 Tex. Cr. R. 163, 220 S. W. 89, we find the following:
“The remarks of the county attorney to the effect that in his judgment no more brutal or dastardly attack had ever been made was merely a strong statement of his conclusion from the evidence, but is no such statement of outside facts or personal abuse as would justify a reversal for erroneous argument.”
Further, in Brown v. State, 121 Tex. Cr. R. 528, 51 S. W. 2d 616, this court said:
“Moreover, we see nothing improper in advising the jury that the crime committed was, in effect, one of the worst that that section of the state had ever seen. The facts in evidence justified the conclusion that a horrible crime had been committed.”
In the case at bar, we feel that the prosecutor was warranted in expressing his opinion of the seriousness of the case from the facts in evidence.
Finding no reversible error, the judgment is affirmed.