Babineaux v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was convicted by a jury for the offense of murder, V.T.C.A., Penal Code § 19.02(a)(1). His punishment was assessed at twenty years confinement in the Texas Department of Criminal Justice, Institutional Division. On direct appeal, the Court of Appeals affirmed his conviction in a published opinion, Babineaux v. State, 777 S.W.2d 724 (Tex.App. — Beaumont 1989). This Court granted review to determine: (1) whether the Court of Appeals erred in finding that reversible error was not committed by the trial court in…