Burt v. State

BEAUCHAMP, Judge.

Appellant was convicted on a charge of murder and assessed a penalty of five years in the penitentiary.

This case with the same question now before us has heretofore been before this court in Number 20,910, reported in (138 Texas Cr. R. 540) 137 S.W. (2d) 1045. We held at that time under a well considered opinion that appellant was entitled to have his affirmative defense submitted to the jury without complicating issues. It is our opinion that on the second trial of the case the learned trial judge has failed to remove these complications.

Applying the facts of the case, which…