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SISTRUNK v. STATE

No. 45190.

486 S.W.2d 304 (1972)

Alton Eugene SISTRUNK, Sr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 18, 1972.

Attorney(s) appearing for the Case

Jordan, Ramsey & Bradley by Scott Bradley, Dallas, for appellant.

Henry Wade, Dist. Atty., and Catharine T. Hill, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of murder without malice. Punishment was assessed by the jury at five years.

Appellant contends that reversible error was committed by the failure of the trial court to charge the jury on the presumption created by Article 1223, Vernon's Ann.P.C. Such Article states:

"When the homicide takes place to prevent murder, maiming...

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