Boyett v. State

OPINION

W.C. DAVIS, Judge.

Appellant was indicted for murder. A jury found him guilty of the lesser included offense of voluntary manslaughter. The jury assessed punishment at twelve years’ confinement. Appellant asserts two grounds of error, contending that the court’s charge to the jury is fundamentally defective, and that the court erroneously overruled his motion for new trial.

Appellant argues that the charge is fundamentally defective because it does not include instructions stated in the converse which would allow the jury to find appellant not guilty after considering each of the charged…