FONSECA v. STATE

No. 04-93-00485-CR.

908 S.W.2d 519 (1995)

George C. FONSECA, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

September 13, 1995.


Attorney(s) appearing for the Case

Robert Switzer, Switzer, Carroll & De Prado, San Antonio, for appellant.

Steven C. Hilbig, Criminal District Attorney, Daniel Thornberry, Assistant Criminal District Attorney, San Antonio, for appellee.

Before CHAPA, C.J., and HARDBERGER and DUNCAN, JJ.


OPINION

DUNCAN, Justice.

George C. Fonseca was charged and convicted of murder with a deadly weapon and sentenced to ninety-nine years in prison and fined $10,000. Fonseca appeals. Because the trial court erroneously excluded four witnesses' hearsay testimony indicating the murder was not committed by Fonseca but by another, we reverse and remand this case for a new trial.

FACTUAL BACKGROUND

At approximately 11:00 p.m., Joseph Esquivel...

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