Schuessler v. State

OPINION ON STATE’S MOTION FOR REHEARING

CAMPBELL, Judge.

Appellant was convicted by a jury of the offense of murder. Punishment was assessed at-30 years confinement in the Texas Department of Corrections. The Eighth Court of Appeals reversed the conviction, holding that appellant, contrary to the jury’s verdict, had established his affirmative defense of insanity by a preponderance of the evidence.1 Schuessler v. State, 647 S.W.2d 742 (Tex.App.—El Paso 1983).

We granted the State’s petition for discretionary review to determine the correctness of that holding.2 On original submission, we…