Casey v. State

OPINION

GREEN, Commissioner.

In a trial before a jury, appellant was convicted of murder. Punishment was assessed at life.

In his second ground, appellant argues that the court erred in refusing to instruct the jury on the law of circumstantial evidence. We agree.

The record reflects without dispute that during the night of May 22, 1973, or early morning hours of May 23, 1973, a robbery occurred at the Bray Car Care Center, a Gulf service station, located at the intersection of Forest Lane and Abrams just south of L.B.J. Freeway in Dallas, and that Richard Allen O’Neill, the night attendant, was…