Whitehead v. State

OPINION

DIAL, Justice.

This is an appeal from a conviction for murder following a jury trial. The judge assessed punishment at thirty-five years’ confinement.

The first ground of error is that the trial court erred in refusing to grant appellant’s specially requested charge on voluntariness.

Though his testimony was not without contradiction, the appellant stated that he did not intentionally shoot the deceased, but that the gun went off when someone grabbed him from behind.

The appellant requested in writing that the trial judge instruct the jury to find the defendant not guilty if they found his…