Lucky v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for murder with malice aforethought wherein the jury assessed the punishment at ten (10) years.

At the outset, we shall consider appellant’s contention that the trial court erred in failing to charge the jury on the issue of murder without malice at the guilt stage of the trial despite a timely presented written objection and a requested charge.

Aubrey Tarver, who related appellant’s wife was his niece, testified that on July 25, 1970, about 6:30 p. m., he was at his home at 2318 Shearn in Houston when he heard a horn blow and…