Brunson v. State

ON MOTION FOR REHEARING

JONES, Justice.

The opinion handed down by this Court on November 30, 1988, is withdrawn and this opinion is filed in its place.

Upon two separate indictments, a jury convicted appellant of murder, Tex.Pen. Code Ann. § 19.02 (1974), for which a punishment of forty-five years confinement was assessed, and of injury to a child by intentional or knowing conduct, Tex.Pen. Code Ann. § 22.04 (Supp.1989), for which a punishment of ten years confinement was assessed. We will affirm the judgment of conviction for injury to a child and reverse the judgment of conviction for murder…