PHILLIPS v. STATE

No. 60732.

615 S.W.2d 756 (1981)

Roger Wilson PHILLIPS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

May 20, 1981.


Attorney(s) appearing for the Case

Frank M. Sheppard, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., Calvin A. Hartmann, and Donald H. Dawson, Jr., Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, W.C. DAVIS, and McCORMICK, JJ.


OPINION

ODOM, Judge.

This is an appeal from a conviction for murder. V.T.C.A., Penal Code Sec. 19.02(a)(1). Punishment was assessed at confinement for ten years.

Initially we note fundamental error which we will review in the interest of justice. Art. 40.09, Sec. 13, V.A.C.C.P. An examination of the jury charge reveals that it contains a paragraph improperly applying the law of murder as defined in Section 19.02(a)(1), supra, to the facts of the...

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