Franco v. State

CHRISTIAN, Judge.

— The offense is murder; the punishment, confinement in the penitentiary for twelve years.

*165It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Jose Cordova by shooting him with a gun.

According to the testimony of the State, appellant was not justified in killing deceased. Appellant’s testimony raised the issue of self-defense.

Over appellant’s proper objection, the State elicited from him the fact that he had been arrested in 1980 for fighting. In the charge the court instructed the jury that the testimony relative to appellant’s…