Bautista v. State

MORSE, Justice.

This is an appeal from a conviction for murder. At trial before a jury appellant was found guilty of the offense and assessed a punishment of life imprisonment in the Texas Department of Corrections. We affirm.

On December 8, 1979, Herman Martinez was shot to death at his home in Alvin, Texas. On December 8, 1981, trial commenced on appellant’s plea of not guilty and evidence was heard with regard to the victim’s dying declaration and appellant’s confession after hearing outside the presence of the jury to determine the admissibility of both. Both were submitted to the jury…