Shurbet v. State

SHANNON, Justice.

Appellant Robert Shurbet appeals from a judgment of conviction for theft of a van rendered after a jury trial in the district court of Bell County. The jury assessed punishment at confinement for ten years in the Texas Department of Corrections and by a fine of $1,500.00. This Court will reverse that judgment.

Appellant insists that the district court erred in refusing to admit evidence bearing on his intoxication at the time of the theft. The tendered evidence consisted of expert testimony showing that appellant was an alcoholic and tending to prove, arguably that appellant…