Burrell v. State

OPINION

ONION, Judge.

The offense is murder without malice; the punishment, 3 years’ confinement in the Texas Department of Corrections.

The sufficiency of the evidence is not challenged and we do not deem a recitation of the facts essential to a proper disposition of this appeal.

Initially, the overruling of appellant’s first motion for a continuance is relied on as a ground for reversal.

The motion alleged that Dr. Joseph A. Jachimczyk, Harris County Chief Medical Examiner, who had been subpoenaed by the State, was temporarily out of the country; that he had performed the autopsy on the deceased…