Ales v. State

OPINION ON MOTION FOR REHEARING

ODOM, Judge.

The opinion on original submission is withdrawn.

This conviction is for the offense of murder. Punishment was assessed by the jury at fifty years.

Appellant challenges the sufficiency of the evidence and contends that the court erred in refusing to charge the jury on the law of circumstantial evidence and in refusing to allow examination of a written statement made by his wife, who testified for the State.

Appellant and his wife had several children, one of whom was Malinda. The parents engaged in severe abuse of Malinda, which included binding her…