Daniel v. State

It is distressing that the Court simply will not come to grips with the dichotomy created by provisions of V.T.C.A. Penal Code, §§ 19.02(a)(1) and 19.04. So, faced with a challenge to sufficiency of the evidence to support a conviction for voluntary manslaughter, the majority is content to say that “the evidence, which shows the appellant shot and killed the deceased, is sufficient to support a conviction for the greater offense of murder,” and then to invoke a line of decisions purporting to hold, “Proof of a greater offense will sustain a conviction for a lesser included offense.” 1

However,…