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 reversed the murder conviction because the jury charge omitted the sudden‑passion defense from the murder paragraph, violating due process, and remanded for a new trial. Justice McCormick dissented, arguing the charge was proper and should not constitute reversible error.