Jones v. State

OPINION

NYE, Chief Justice.

The appellant was convicted of murder by a Harris County jury which assessed punishment at twenty-five years’ confinement.

Appellant’s indictment and subsequent conviction arose out of an apparent fistfight between the appellant and Walter Cornett, Jr., which occurred in Houston on November 14, 1978, and which resulted in Cornett’s death. The indictment contains two counts, 1 each alleging the cause of death to be “kicking the Complainant’s head and striking the Complainant’s head against a concrete sidewalk.”

At the trial, Dr. Ethel Erickson, the medical examiner who…