Swink v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for murder. After finding appellant guilty, the jury assessed punishment at 45 years.

In his second ground of error, appellant challenges the sufficiency of the evidence to support his conviction. The court charged the jury on the law of circumstantial evidence. Appellant, sixteen years of age at the time of the offense, was convicted of having murdered his fourteen-year-old brother, Royce Swink, in Aspermont on January 24, 1978.

Wayne Swink testified that he lived in Aspermont and that appellant was his nephew. Swink was the brother…