Mata v. State

OPINION

ESQUIVEL, Justice.

This is an appeal from a conviction for involuntary manslaughter pursuant to Tex. Penal Code § 19.05 (Vernon 1974). A jury found appellant guilty of the offense charged in the indictment and assessed his punishment at two years’ confinement, but upon their recommendation, the term of confinement was probated.

In his first ground of error appellant complains of the court’s refusal to submit a requested instruction to the jury on mistake of fact. We do not agree that such an instruction was warranted and overrule appellant’s first ground of error.

Appellant was charged…