Cobarrubio v. State

OPINION

CLINTON, Judge.

Appeal is taken from a conviction for murder1 in which the jury assessed punishment at 40 years confinement. We confront at the outset an error in the trial which was calculated to injure the rights of the accused, Article 36.19, V.A.C.C.P., and are therefore constrained to reverse the conviction obtained.

The evidence reflected that during an altercation the deceased was struck in his head by one of four shots fired by appellant with a .25 caliber automatic pistol. According to appellant’s testimony, he was on his way to the country to try out his new pistol when he…