Smith v. State

OPINION

NYE, Chief Justice.

The offense is murder, and the punishment assessed is forty-five years’ imprisonment. Appellant requested the submission of instructions on involuntary manslaughter and criminally negligent homicide in the charge to the jury. His request was denied, and he now asserts error. We reverse.

The record reflects that, on July 28,1985, appellant shot and killed Dondie Michelle Boone, his fourteen-year-old stepdaughter, and her mother, Carolyn Smith, appellant’s wife. This appeal stems only from his conviction in connection with Dondie Boone’s death. Appellant and Carolyn…