McIntosh v. State

OPINION ON MOTION FOR REHEARING

KINKEADE, Justice.

We withdraw our opinion of February 5, 1993. This is now the Court’s opinion.

Dana K. McIntosh appeals his conviction for murder. The jury assessed punishment at seventy-five years’ confinement in the penitentiary. In nineteen points of error, McIntosh argues that (1) the trial court committed fundamental error in accelerating the pace of the trial, limiting the examination of witnesses, commenting on the weight of the evidence, failing to instruct the jury on the State’s burden to disprove sudden passion, and including a special issue regarding…