GUERRERO v. STATE

No. 3-85-326-CR.

720 S.W.2d 233 (1986)

Fred Cantu GUERRERO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied December 10, 1986.


Attorney(s) appearing for the Case

Roy E. Greenwood, Austin, for appellant.

Ronald Earle, Dist. Atty., Ashton Cumberbatch, Jr., Asst. Dist. Atty., Austin, for appellee.

Before SHANNON, C.J., and BRADY and CARROLL, JJ.


BRADY, Justice.

Appellant was convicted of murder by a jury and punishment assessed at 45 years confinement in the Texas Department of Corrections, upon an affirmative finding of use of a deadly weapon. The case against the appellant consisted solely of circumstantial evidence. Upon a review of the record, this Court concludes a reasonable hypothesis of accidental death could be drawn from the evidence and that the State failed to disprove this hypothesis. We will...

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