Humphries v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for voluntary manslaughter. Punishment was assessed at confinement for 16 years.

In his sole ground of error appellant contends that the trial court erred in submitting a charge on voluntary manslaughter since he was indicted for the offense of murder. The appellant advances an argument similar to the one in Braudrick v. State, Tex.Cr.App., 572 S.W.2d 709, 710:

“Appellant argues that acting ‘under the immediate influence of sudden passion arising from an adequate cause’ is an element of the offense of voluntary manslaughter, and that no…