Gamboa v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for the offense of murder with malice aforethought under Arts. 1256 and 1257, V.A. P.C. Appellant was tried before a jury and the jury assessed punishment at thirteen years’ imprisonment.

In this appeal, appellant complains of the refusal of the trial court to submit a charge on circumstantial evidence. Such a charge was timely requested in writing by appellant who also filed written objections and exceptions to the court’s charge complaining of the omission of the circumstantial evidence charge.

The evidence showed that appellant and…