MERCADO v. STATE

No. 13-84-201-CR.

695 S.W.2d 25 (1985)

Bernardino MERCADO, a/k/a "Nino", Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied May 23, 1985.


Attorney(s) appearing for the Case

Joseph Connors, III, McAllen, for appellant.

Theodore C. Hake, Edinburg, for appellee.

Before NYE, C.J., and SEERDEN, J.


OPINION

SEERDEN, Justice.

Appellant was convicted of attempted murder in a jury trial. The trial court assessed punishment at five years confinement in the Texas Department of Corrections.

The first five grounds of error submitted by appellant contain various shades of the common complaint that the trial court committed fundamental error in the jury charge when it included the following instruction:

"In passing upon the intent of the defendant...

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