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CHAPA v. STATE

No. 2-85-081-CR.

703 S.W.2d 422 (1986)

Roberto CHAPA, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

February 5, 1986.

Attorney(s) appearing for the Case

Zachry, Kearney, Hill, Shaw, Beatty & Butcher, Allan K. Butcher, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and Betty Stanton, Asst. Dist. Atty., Fort Worth, for the State.

Before FENDER, C.J., and ASHWORTH and HILL, JJ.

OPINION

ASHWORTH, Justice.

A jury found appellant guilty of murder. See TEX.PENAL CODE ANN. sec. 19.02 (Vernon 1974). Punishment was assessed by the jury at ninety years confinement.

We reverse and remand.

The evidence is uncontradicted that appellant shot the deceased, Albert Padilla, five times on January 23, 1983. The accounts given by witnesses to the shooting, however, vary a great deal.

According to the State's witnesses...

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