Berghahn v. State

OPINION

JOE SPURLOCK, II, Justice.

This is this court’s second consideration of appellant’s, Arthur Henry Berghahn’s, appeal from his conviction for murder. TEX.PENAL CODE ANN. sec. 19.02(a)(3) (Vernon 1974). The jury found appellant guilty of the offense of murder and assessed his punishment at 99 years confinement in the Texas Department of Corrections. Upon the first consideration of Ber-ghahn’s appeal, this court found fundamental error in the jury charge and reversed his conviction because the jury charge had failed to include a blank for the jury to record a verdict of not guilty if they…