Howell v. State

*515OPINION ON REHEARING

LEVY, Justice.

Our opinion dated March 17, 1988, is withdrawn, and the following is substituted.

A jury found appellant guilty of murder and assessed punishment at 40 years confinement. Appellant appeals this conviction, asserting 10 points of error.

Appellant went to the Fast Times nightclub in Pasadena, Harris County, on August 16, 1986. Around 1 a.m., he became involved in a fight outside the nightclub, which was broken up by employees of the nightclub. Appellant and some of his friends then left in his car.

Phillip Merwin, who apparently had not been a party to the fight,…