Schroeder, Melvin James

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 561-03

MELVIN JAMES SCHROEDER, Appellant

v.

THE STATE OF TEXAS

ON DISCRETIONARY REVIEW

FROM THE THIRTEENTH COURT OF APPEALS

JEFFERSON COUNTY

This case presents two issues. First, in a prosecution for murder, is a defendant's inability to remember engaging in the charged conduct alone sufficient evidence of recklessness to raise the lesser-included offense of manslaughter? Second, did the trial court in this case err in failing to charge the jury on the lesser-included offense of manslaughter? We hold that because the culpable mental states for both murder…