BIRDWELL v. STATE

No. 6-86-095-CR.

733 S.W.2d 298 (1987)

Howard BIRDWELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Rehearing Denied June 16, 1987.


Attorney(s) appearing for the Case

Lynn Cooksey, Texarkana, for appellant.

John F. Miller, Jr., Dist. Atty., Texarkana, for appellee.


BLEIL, Justice.

Howard Birdwell appeals his murder conviction. He complains that the court's charge to the jury failed to properly place the burden on the State of proving the absence of sudden passion and that the evidence is insufficient to support his conviction. We disagree and affirm his conviction.

Birdwell contends that the trial court erred in overruling his objection to the court's charge because the trial court failed to place the burden of proving...

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