Cobarrubio v. State

McCORMICK, Judge,

dissenting to the denial of State’s Motion for Leave to File Motion for Rehearing without written opinion.

On original submission, this Court, relying on Braudrick v. State, 572 S.W.2d 709 (Tex.Cr.App.1978), found that the “element” of “under the immediate influence of sudden passion arising from an adequate cause” is in the nature of a defense to the offense of murder that must be disproved by the State if raised by the evidence in order to establish the offense of murder. The opinion on original submission then went on to boldly state without statutory or case authority that: