Murphy v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for murder. The jury assessed punishment at 99 years and a fine of $10,000.00. The conviction was affirmed by the Beaumont Court of Appeals, Ninth Supreme Judicial District. We granted appellant’s petition for discretionary review in order to examine the Court of Appeals’ holding that neither the indictment nor the trial court’s charge is fundamentally defective and that the felony murder merger doctrine does not apply in this case.

The indictment alleges appellant, on February 9,…