Garcia v. State

OPINION

GREEN, Commissioner.

In a trial before a jury on a plea of not guilty, appellant was convicted of murder. Her punishment was assessed at 27 years.

The appellant by ground of error contends that the court erred in failing to charge the jury on the issue of self-defense. An adequate and timely objection in writing to the omission of such instructions was filed.

The record reflects that at about 2:00 p. m. on August 28, 1970, appellant shot and killed her husband, Manuel Garcia, with a 12 gauge shotgun.

The State’s theory of the killing, as testified to by State’s witnesses, was that about…