Huizar v. State

OPINION

DIAL, Justice.

Appellant was found guilty by a jury of the offense of murder. The trial court assessed punishment at five (5) years’ confinement.

On original submission, this court held that the charge to the jury constituted reversible error because it failed to require the negation of sudden passion arising from adequate cause even though no objec tion was lodged on this ground at trial. On the State’s petition for discretionary review, this cause was remanded to us for further proceedings consistent with the Court of Criminal Appeals’ opinion in Almanza v. State, 686 S.W.2d 157…