Maddux v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

A jury convicted appellant of murder and assessed punishment at thirty (30) years imprisonment. Tex.Penal Code Ann. § 19.02. In a partially published opinion, the First Court of Appeals affirmed with one justice dissenting. Maddux v. State, 825 S.W.2d 511 (Tex.App.—Houston [1st Dist.] 1992). We granted appellant’s petition for discretionary review to determine whether our holding in Nunfio v. State, 808 S.W.2d 482 (Tex.Crim.App.1991) is applicable to nontestifying witnesses such as deceased victims.1 We hold that it is.

Duri…