Wynne v. State

OPINION

ASHWORTH, Justice.

A jury found appellant guilty of murder and sentenced him to 50 years confinement and assessed a fine of $10,000.00.

Judgment reversed and cause remanded for new trial.

Appellant’s first ground of error contends the trial court failed to properly apply the law to the facts in the instructions to the jury. Specifically, the complaint is that the evidence raised the issue of voluntary manslaughter by reason of sudden passion from adequate cause, but the court’s charge did not require the State to disprove “sudden passion” before authorizing conviction of murder. We will…