PHOENIX v. STATE

No. 63782.

640 S.W.2d 306 (1982)

Johnny Lee PHOENIX, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 27, 1982.


Attorney(s) appearing for the Case

Robert S. Pieratt, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., James C. Brough and Chris Lorenzen, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

ODOM, Judge.

This is an appeal from a conviction for murder in the 179th District Court of Harris County, Texas. Punishment was assessed by the court at 20 years.

In his sole ground of error the appellant challenges the trial court's refusal to instruct the jury on the law of protection of property, V.T.C.A., Penal Code Secs. 9.41 and 9.42.

The appellant urges and the record indicates that the appellant was the sole employee and in...

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