Martinez v. State

OPINION

BELCHER, Judge.

The conviction is for murder; the punishment, fifty years.

The first ground of error is that the trial court erred in failing to charge the jury that the state was bound by the exculpatory statements made by the appellant which the state introduced into evidence.

The state’s witness, Victor Aguilar, testified that the appellant, while at the scene and immediately after the shooting, told him that he (appellant) had to do it because the deceased had tried to kill him; and Aguilar further stated that his best recollection of what the appellant told him was, “He try to get me…