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VARGAS v. STATE

No. 04-85-00278-CR.

736 S.W.2d 847 (1987)

Victor VARGAS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

August 5, 1987.

Attorney(s) appearing for the Case

Sid L. Harle, San Antonio, for appellant.

Sam Millsap, Jr., Former Criminal Dist. Atty., Fred G. Rodriguez, Criminal Dist. Atty., Emil Holiner, Barbara Hervey, Raymond Hardy, Jr., San Antonio, for appellee.

Before CADENA, C.J., and ESQUIVEL and REEVES, JJ.

OPINION

ESQUIVEL, Justice.

This is an appeal from a judgment of a conviction in a murder case. TEX.PENAL CODE ANN. § 19.02 (Vernon 1974).

Appellant was indicted for murder. He was tried jointly with Eduardo "Eddie" Farias (Farias) before the same jury. At the end of the State's case-in-chief the trial court overruled and denied appellant's motion for instructed verdict. Appellant presented no evidence in his defense. The trial court instructed...

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