Gonzales v. State

SMITH, Presiding Justice,

for the Court:

Donald Joseph Allen Gonzales was indicted for the murder of one Robert Lizana. He was tried in the Circuit Court of Jackson County, convicted of manslaughter and sentenced to serve a term of twenty years imprisonment.

On appeal he assigns as error requiring reversal,(1) The verdict was against the overwhelming weight of the evidence; and(2) The trial court erred in admitting testimony of premeditation in a manslaughter trial.

At the conclusion of the State’s case in chief, a motion by the State that the charge be reduced from murder to manslaughter was…