Brazile v. State

OPINION

ROBERTS, Judge.

Appellant was convicted for the offense of murder with malice; punishment was assessed at 99 years’ confinement.

We are apparently faced with a case of first impression. Appellant’s sole ground of error argues that reversible error was committed when he was denied the right, at the punishment stage, to recite his version of the facts and circumstances surrounding the homicide. His bill of exception reflects that he would have testified that he and the deceased got into an altercation outside a cafe, that the deceased started to pull a gun on him, and appellant grabbed it…