Plunkett v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for murder in which the jury assessed punishment at fifty years.

It is only necessary to discuss one of appellant’s grounds of error. In his third ground of error appellant contends the court erroneously charged the jury on the offense alleged.

The indictment in relevant part alleges that appellant did:

“. . . intentionally and knowingly cause the death of an individual, April Dawn Peters, by striking her with his hands. . . . ”

V.T.C.A., Penal Code Sec. 19.02, which defines the offense of murder, in relevant part provides:

“(a) A person…