Cevallos v. State

OPINION

EVANS, Chief Justice.

The appellant was indicted for the murder of his 13-month-old son. A jury found the appellant guilty of the lesser-included offense of voluntary manslaughter and assessed his punishment at five years confinement.

On the original appeal from the trial court’s judgment, this court reversed and remanded the cause, concluding that the charge to the jury contained fundamental error. Cevallos v. State, 646 S.W.2d 466 (Tex.App.—Houston [1st Dist.] 1982). On review of the State’s Petition for Discretionary Review, the Court of Criminal Appeals ordered the cause remanded to…