Biegajski v. State

OPINION

ESQUIVEL, Justice.

This is an appeal from a conviction of murder. Tex.Penal Code Ann. § 19.02(a)(1) (Vernon 1974). A jury found appellant guilty of the offense charged in the indictment and assessed punishment at 99 years’ confinement in the Texas Department of Corrections and imposed a fine of $10,-000.00. We reverse.

On the night in question, appellant shot deceased in the chest during an altercation at the parking lot of the Port Ringold Motor Inn in Starr County, Texas. There was a conflict in the testimony as to whether the deceased or appellant was the aggressor. Appellant’s…