MYERS v. STATE

No. 13-81-017-CR.

626 S.W.2d 86 (1981)

Townsel MYERS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

October 29, 1981.


Attorney(s) appearing for the Case

Neal Dancer, Corpus Christi, for appellant.

William B. Mobley, Jr., Dist. Atty., Corpus Christi, for appellee.

Before BISSETT, YOUNG and GONZALEZ, JJ.


OPINION

BISSETT, Justice.

This is an appeal from a conviction for murder. The jury assessed the punishment at seventy-five years.

The sole ground of error urged by the defendant's counsel is that the conviction is fundamentally invalid "because the charge did not submit and the main verdict therefore did not establish the essential element of murder constituted of the negative fact that defendant in killing deceased did not act upon sudden passion...

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