Ellis v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

A jury convicted appellant of murder and assessed punishment at sixty years imprisonment. The Court of Appeals affirmed. Ellis v. State, No. 10-89-001-CR (Tex.App.—Waco 1990). We granted review to determine whether the trial court properly refused to charge the jury regarding threats made by the deceased. We 'will reverse and remand.

The following facts are taken from the Court of Appeals’ opinion:

[O]n June 20, 1987, Ellis caught Barney Stephens burglarizing the house in which he was living at the time. A struggle ensued,…