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CRUZ v. STATE

No. 3-90-157-CR.

820 S.W.2d 41 (1991)

Sebero CRUZ, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

November 27, 1991.

Attorney(s) appearing for the Case

E.G. Morris, Smith, Morris & Florey, Austin, for appellant.

Ronald Earle, Dist. Atty. and Carl Bryan Case, Jr., Asst. Dist. Atty., Austin, for appellee.

Before CARROLL, C.J., and ABOUSSIE and KIDD, JJ.

ABOUSSIE, Justice.

Appellant Sebero Cruz appeals his murder conviction for the beating death of Victor Pardo. Tex.Penal Code Ann. § 19.-02(a)(1) (1989). In two points of error Cruz challenges the sufficiency of the evidence to support his conviction and the trial court's refusal to instruct the jury that a person cannot be guilty of a crime by omission unless there is a statutory duty to act. We will affirm the conviction.

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