HOLLEY v. STATE

No. 938-86.

766 S.W.2d 254 (1989)

Jimmy Reaf HOLLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

February 22, 1989.


Attorney(s) appearing for the Case

V.G. Kolius, Amarillo, for appellant.

Gene Compton, Dist. Atty. & Roy Carper, Asst. Dist. Atty., Borger, Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was convicted, after a jury trial, of murdering his infant daughter by scalding her with hot water. V.T.C.A. Penal Code, § 19.02(a)(2) and (3). The jury assessed punishment at 99 years confinement in the Texas Department of corrections and a fine of $10,000. In a published opinion, the Amarillo Court of Appeals reversed appellant's conviction, finding that the jury charge...

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