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TURRO v. STATE

No. 2-91-027-CR,

837 S.W.2d 232 (1992)

Domingo TURRO, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied September 15, 1992.

Discretionary Review Granted December 23, 1992.

Attorney(s) appearing for the Case

Clyde M. Marshall, Fort Worth, for appellant.

Tim Curry, Criminal Dist. Atty., and Charles M. Mallin, Asst., Fort Worth, for appellee.

Before WEAVER, C.J., and MEYERS and DAY, JJ.

OPINION

MEYERS, Justice.

Appellant, Domingo Turro, appeals from a conviction by the jury of murder. See Tex.Penal Code Ann. § 19.02 (Vernon 1989). Punishment was assessed by the court at forty-five years confinement.

We reverse.

On May 3, 1987, Turro tried to drive his car through a low water crossing, with Carolyn Williams as a passenger. Turro stopped the car and attempted to drive out of the crossing, but the water swept the...

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