Pena v. State

DICKENSON, Justice.

Juan Pena was indicted for the offense of murder.1 The jury convicted him for the lesser included offense of voluntary manslaughter2 and set his punishment at 18 years confinement.3 Juan Pena appeals. We affirm the conviction.

The only ground of error asserted by appellant is that the trial court erred in failing to instruct the jury concerning the use of justifiable deadly force in defense of a third person.

Tex.Penal Code Ann. § 9.33 (Vernon 1974) provides:

A person is justified in using force or deadly force against another to protect a third person if:(1) under the…