Ashworth v. State

OPINION

DICE, Judge.

Appellant was tried upon an indictment for murder with malice and convicted of the offense of murder without malice. Punishment was assessed at confinement in the Department of Corrections for a term of five years.

Notice was given by the state that it would not seek the death penalty.

The issues of appellant’s guilt or innocence and punishment were determined under the alternate procedure provided by Art. 37.07-2 of the 1965 Code. Following return of the jury’s verdict of guilty, appellant elected to have the judge assess the punishment.

The evidence was undisputed that…