Rodriquez v. State

The flaw in the opinion by the Fort Worth Court of Appeals, see Rodriquez v. State, 641 S.W.2d 669 (Tex.App.—Ft. Worth 1983), and the majority opinion by this Court, in holding that the trial court did not err in granting the instruction requested by Johnny R. Rodriquez, hereinafter referred to as the appellant, to-wit: “You are instructed that you may consider the relative size and weight of David Torres [the deceased] and Johnny Rodriquez (the defendant) in this case,” lies in the fact that neither opinion discusses the effect that the New Penal Code changes had on the provisions of the Old…