ASBERRY v. STATE

No. 05-90-00025-CR.

813 S.W.2d 526 (1991)

Luther Junior ASBERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied August 12, 1991.


Attorney(s) appearing for the Case

Kerry P. Fitzgerald, Dallas, for appellant.

Robert P. Abbott, Dallas, for appellee.

Before the Court en banc.


OPINION

ONION, Justice.

A jury found the appellant guilty of murder and assessed his punishment at fiftyfive years' imprisonment. See Tex.Penal Code Ann. § 19.02(a)(1) (Vernon 1989). He appeals.

Appellant does not challenge the sufficiency of the evidence to support the conviction. The evidence shows that the appellant shot and killed Steven Huckaby with a firearm, a deadly weapon, as alleged in the indictment. Both of appellant's points...

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