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MARTINEZ v. STATE

No. 3-83-073CR.

664 S.W.2d 822 (1984)

Angel MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

January 25, 1984.

Attorney(s) appearing for the Case

James H. Kreimeyer, Kreimeyer, Cain & Jezek, P.C., Belton, for appellant.

James T. Russell, Administrative Asst., Belton, for appellee.

Before PHILLIPS, C.J., and EARL W. SMITH and GAMMAGE, JJ.

EARL W. SMITH, Justice.

Appellant Martinez was convicted of the offense of murder. Trial was to a jury, which assessed punishment at confinement in the Department of Corrections for forty-five years. Appellant's sole ground of error on appeal is:

[T]he court's charge is fundamentally defective, under the evidence, because the court failed to charge the jury as to the implied element of murder, i.e., that the State must prove the appellant did not cause the...

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