VERACRUZ v. STATE

No. 01-85-0435-CR.

713 S.W.2d 745 (1986)

Benjamin Coronado VERACRUZ, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

July 3, 1986.


Attorney(s) appearing for the Case

Kristine C. Woldy, Houston, for appellant.

John B. Holmes, Jr., Harris Co. Dist. Atty., and Roe Morris, Harris Co. Asst. Dist. Atty., Houston, for appellee.

Before EVANS, C.J., and WARREN and JACK SMITH, JJ.


OPINION

JACK SMITH, Justice.

A jury found appellant guilty of murder and assessed his punishment at 20 years confinement. On appeal, he alleges (1) that the State repeatedly violated the Texas Code of Criminal Procedure which provides that a wife cannot testify against her husband; (2) that the evidence is insufficient to disprove the appellant's defense that he was responding to the immediate influence of sudden passion arising from an adequate cause; ...

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