London v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for murder; punishment was assessed at twenty-five years.

Appellant contends the trial court erred in refusing to honor his timely objection to the court’s charge for failure to instruct on the lesser included offense of criminally negligent homicide. We agree, and reverse.

On October 6, 1974, Jessie Finister was killed by a shotgun blast outside a pool hall near Silsbee in Hardin County. The evidence showed appellant and Finister had played a game of pool on a one dollar wager. Appellant won and Finister refused to pay. After an argument…