Kuykendall v. State

OPINION

CLINTON, Judge.

This is an appeal from a conviction for the offense of murder in the course of and in furtherance of the commission of a robbery. On his plea of not guilty, the jury returned a verdict of guilt and assessed punishment at confinement for ten years, finding appellant had never before been convicted of a felony but refusing to recommend probation.

Appellant presents three grounds of error. First he contends the trial court erred in failing to include in its charge an appropriate instruction on criminally negligent homicide. Second, he complains because the trial court did…