Dana K. Mcintosh v. State Texas

Dana K. McIntosh appeals his conviction for murder. The jury assessed purishment at seventy-five years confinement in the penitentiary. In nineteen points of error, McIntosh argues that (1) the trial court committed fundamental error in accelerating the pace of the trial, limiting the examination of witnesses, commenting on he weight of the evidence, failing to instruct the jury on the States burden to disprove sudden passion, and including a special issue regarding the use of a deadly weapon in the charge; (2) the trial court committed reversible error in overruling McIntoshs objection to the States experts testimony on passion, overruling McIntoshs requested jury instruction on prior inconsistent statements, overruling McIntoshs objections to the States introduction of extrinsic evidence of prior misconduct for impeachment purposes, and overruling McIntoshs motion for mistrial; (3) there was insufficient evidence to show that the State met its burden of negating sudden passion, that McIntosh, not a burglar, was guilty of murder, and that the grand jury used due diligence to ascertain the murder weapon thus creating a fatal variance between the evidence and the indictment because the identity of the murder weapon was known; and (4) the States argument denied McIntosh a fair trial. Because the trial court did not commit fundamental or reversible error, there was sufficient evidence to convict McIntosh of murder, and McIntosh received a fair trial, we overrule all of McIntoshs points of error and affirm the trial courts judgment.