David Powell v. State Texas

A jury convicted David Powell, Appellant, of murder, and the trial court assessed punishment at sixty years' confinement in the Texas Department of Criminal Justice, Institutional Division. In two points of error, Appellant challenges the sufficiency of the evidence and the effectiveness of trial counsel's assistance. We reverse and order an acquittal. The underlying indictment charged that Appellant ""intentionally and knowingly caused the death of a child, KEVIN COLEMAN, by striking the said KEVIN COLEMAN on or about the head with instruments unknown to the grand jury."" As indicted, the State had the burden to prove beyond a reasonable doubt that: (1) a person (Appellant); (2) intentionally and knowingly; (3) caused the death of an individual (Kevin Coleman); (4) by striking the deceased on or about the head. See Butler v. State, 769 S.W.2d 234, 237, 239 (Tex.Crim.App. 1989); Tex.Penal Code Ann. ? 19.02 (Vernon 1989); Tex.Code Crim.Pro.Ann. art. 21.03, 21.04 (Vernon 1989).