Court of Criminal Appeals of Texas

Joe Martinez Cobarrubio, Appellant v. the State of Texas, Appellee

January 12, 19831983 Tex. Crim. App. LEXIS 886

Summary

The Court held that the trial court's jury charge omitted the sudden‑passion defense from the murder application paragraph, violating the State's burden of proof and constituting a fundamental due‑process error; the murder conviction was reversed and the case remanded for a new trial. Justice McCormick dissented, arguing the charge was proper when read as a whole.