Earnhart v. State

OPINION

DALLY, Judge.

This is an appeal from a conviction for murder. The punishment was assessed at imprisonment for twenty years.

Appellant challenges the sufficiency of the evidence to support the conviction; complains of the admission in evidence of statements made by the appellant; complains of the prosecutor’s argument to the jury; and contends that the trial court erroneously communicated an additional instruction to the jurors after their deliberation began.

Appellant and his brother, James Edwin Earnhart, were convicted of murdering Spurgeon Elkins at appellant’s home in Grayson County,…