RODRIQUEZ v. STATE

No. 1013-82.

710 S.W.2d 60 (1986)

Johnny R. RODRIQUEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 28, 1986.


Attorney(s) appearing for the Case

Allan K. Butcher, Tom E. Hill, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and C. Chris Marshall, Michael Jergins and Joe C. Lockhart, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of murder and sentenced to twenty-five years' incarceration in the Texas Department of Corrections.

The Fort Worth Court of Appeals decided that appellant's request for a relative size, weight and strength paragraph in the court's charge to the jury was properly denied, even though the self defense charge included was limited by a "provoking the disturbance...

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