Brandon Cody Kihega v. State

OPINION

Opinion by

Justice MOSELEY.

Charged with capital murder and found guilty by a Bowie County jury, Brandon Cody Kihega has filed an appeal with this Court. Kihega urges the unusual position that when the trial court ruled four of the State’s witnesses were qualified as experts, such rulings amount to a comment by the court on the weight of the evidence. He also maintains on appeal that the trial court erred in denying his requested “benefit of the doubt” instruction to the jury-pertaining to potential lesser-included offenses and asserts that a question asked a witness by the State…