Burke v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Indicted for murder, appellant was found guilty of the lesser included offense of voluntary manslaughter by a jury which assessed his punishment at twenty (20) years’ imprisonment. The Ft. Worth Court of Appeals affirmed the conviction. Burke v. State, 632 S.W.2d 206 (Tex.App.1982).

The Court of Appeals held that (1) the prosecutor’s jury argument including a misstatement of the law applicable to self-defense was not so harmful so to require reversal when considered in light of the entire record, and the fact that…