Johnson v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for criminal solicitation, V.T.C.A., Penal Code Sec. 15.03. The jury assessed punishment at 15 years.

Appellant states in his first and second grounds of error that the trial court erred in overruling his motion for an instructed verdict and his request for an instruction on V.T.C.A., Penal Code Sec. 15.05.

Appellant was convicted under the second paragraph of the indictment, which states in relevant part:

“with intent that a capital felony, to-wit: capital murder, be committed, the said Gerald Johnson requested and attempted to induce Roger…