Menchaca v. State

OPINION

CADENA, Chief Justice.

After a jury found appellant guilty of murder, the trial judge sentenced him to 40 years’ confinement.

Appellant challenges the conviction on grounds that the trial court improperly limited his claim of defense by including in the charge, over objection, instructions on provoking the difficulty and by failing to include in such instructions all the elements of the rule concerning provoking the difficulty.

Juan Manuel Garza, the only witness presented by the State, testified that when he arrived at a bar known as Lydia’s Lounge at about 10:00 P.M. September 19, 1977,…