Mendoza v. State

OPINION

GREEN, Commissioner.

In a trial before a jury, appellant was convicted of murder with malice. Punishment was assessed at thirty years.

Appellant’s sole ground of error is that the court erred in refusing to submit in its charge to the jury instructions on the law of negligent homicide.

The record reflects that in the latter part of July, 1972, Rosemary Gonzales and her six months old son, Michael Gonzales, started living with appellant. On August 18, 1972, while Rosemary was taking a bath in the bathroom across the hall from the apartment, appellant was in the bedroom with Michael. She…