Gonzales v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted by a jury of voluntary manslaughter. V.T.C.A. Penal Code, Sec. 19.04. The jury assessed punishment at 17 years imprisonment. The Court of Appeals reversed appellant’s conviction in a published opinion. Gonzales v. State, 733 S.W.2d 589 (Tex.App. — San Antonio 1987). Appellant raised two points of error on direct appeal. He urged that the trial court committed reversible error by refusing to submit jury instructions regarding a lesser included offense and on the defensive issue of self defense. The appeals court agreed…