HIGGINBOTHAM v. STATE

No. B14-87-00422-CR.

769 S.W.2d 265 (1989)

Neil Wayne HIGGINBOTHAM, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

February 16, 1989.


Attorney(s) appearing for the Case

Allen C. Isbell, Houston, for appellant.

J. Harvey Hudson, Houston, for appellee.

Before PAUL PRESSLER, DRAUGHN and ELLIS, JJ.


OPINION

ELLIS, Justice.

Appellant was convicted for the offense of murder. TEX.PENAL CODE ANN. § 19.02 (Vernon 1974). After rejecting appellant's "not guilty" plea, the jury assessed punishment at fifty years in the Texas Department of Corrections. We affirm and reform the judgment to delete the affirmative finding of the use of a deadly weapon.

At approximately 4:00 p.m., on May 5, 1986, appellant entered the church offices of the First Methodist...

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