Earnest v. State

OPINION

BURGESS, Justice.

A jury found David Ray Earnest guilty of murder and assessed punishment at confinement in the Texas Department of Corrections for life and a $10,000 fine. Appellant urges two points of error.

Point of error one avers a blood sample was improperly admitted into evidence. Appellant claims the state failed to establish the chain of custody of the sample of the victim’s blood. The victim, Lucinda S. Giles, was appellant’s common law spouse. She had left him approximately six months before she was beaten or kicked to death. Appellant called the emergency service and was at…