Holley v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was convicted, after a jury trial, of murdering his infant daughter by scalding her with hot water. V.T.C.A. Penal Code, § 19.02(a)(2) and (3). The jury assessed punishment at 99 years confinement in the Texas Department of corrections and a fine of $10,000. In a published opinion, the Amarillo Court of Appeals reversed appellant’s conviction, finding that the jury charge authorized the jury to convict appellant of murder if it found that appellant had caused his daughter’s death during the course of committing a…