Merchant v. State

OPINION

BAKER, Justice.

A jury convicted Tommy Joe Merchant of murder. The trial court sentenced him to thirty-five years’ confinement. Appellant asserts the trial court erred in not charging the jury on the lesser included offense of voluntary manslaughter. We agree. We reverse the trial court’s judgment. We remand for a new trial.

THE TESTIMONY

Two of appellant’s acquaintances gave appellant a lift. One acquaintance, the passenger in the front seat of the car, testified for the State. He said appellant sat in the back seat. Without warning or provocation, appellant reached over the front seat…