Kerbyson v. State

GUILLOT, Justice.

This is an appeal from a conviction for criminal mischief for which the jury sentenced appellant to five years in the Texas Department of Corrections. For the reasons below, we reverse and remand.

Appellant and Neal Clark rented a house together for a period of about five months. They did not get along and had a quarrel on February 15, 1985. Clark left the house after punching a hole in a door. Upon returning the next day, Clark and appellant had a fight and Clark again left. When he returned the next day he observed appellant and another man driving away. Upon entering the…