HOLLEY v. STATE

No. 07-84-0310-CR.

713 S.W.2d 381 (1986)

Jimmy Reaf HOLLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Denied July 25, 1986.


Attorney(s) appearing for the Case

V.G. Kolius, Amarillo, for appellant.

Roy Carper, Asst. Dist. Atty., Borger, for appellee.

Before REYNOLDS, C.J., and DODSON and BOYD, JJ.


REYNOLDS, Chief Justice.

A jury convicted appellant Jimmy Reaf Holley of the offense of murder and assessed his punishment at confinement for 99 years and a $10,000 fine. As appellant contends in his fourth ground of error, the court fundamentally erred in authorizing the jury, in derogation of the statute, to convict him of murder as the consequence of his commission of, or attempt to commit, a misdemeanor offense. Therefore, we will reverse and remand.

The...

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