Phillips v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for murder. V.T.C.A., Penal Code Sec. 19.-02(a)(1). Punishment was assessed at confinement for ten years.

Initially we note fundamental error which we will review in the interest of justice. Art. 40.09, See. 13, V.A.C.C.P. An examination of the jury charge reveals that it contains a paragraph improperly applying the law of murder as defined in Section 19.02(a)(1), supra, to the facts of the instant case. Such a charge is fundamentally defective as it is calculated to injure the rights of the appellant and it therefore deprives him of a…