Hernandez v. State

OPINION

UTTER, Justice.

Appellant was convicted of murder and punishment was set by the jury at sixty years confinement in the Texas Department of Corrections. We reverse the judgment of the trial court and remand for a new trial.

By his first point of error, appellant contends that the trial court erred in refusing to submit the lesser included offense of involuntary manslaughter in its charge to the jury over appellant's request and objection. Appellant argues that there was sufficient evidence to raise the issue of involuntary manslaughter. We agree.

A charge of a lesser included offense must…