Barnette v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of murder by a jury that assessed her punishment at twenty years’ imprisonment. The Austin Court of Appeals reversed in an unpublished opinion, holding that the trial court erred in refusing appellant’s requested jury charge on guilt. Barnette v. State (Tex.App.—Austin, No. 3-83-186-CR, delivered May 2, 1984). We granted the State’s petition to review this holding of the court of appeals.

Appellant was tried on a three count indictment alleging murder, reckless injury to a child, and negligent injury to…