Berghahn v. State

OPINION

HUGHES, Justice.

Arthur Henry Berghahn has appealed his conviction for the murder of his 7-year old stepson, Gregory Alan Poore. Berghahn pled not guilty to the charge, and the case was tried before a jury which found him guilty and assessed his punishment at ninety-nine (99) years confinement in the Texas Department of Corrections.

We reverse and remand.

Berghahn raises seven grounds of error on appeal. Due to our disposition of the case we find it necessary to only address ground of error five in which Berghahn contends that the charge of the court on guilt/innocence is fundamentally…