McElroy v. State

OPINION

ONION, Judge.

This is an appeal from a conviction for murder with the punishment assessed at 13 years in the Texas Department of Corrections.

All five of appellant’s grounds of error relate to the court’s charge at the guilt stage of the proceedings.

The record reflects that on February 13, 1967, the appellant went to the deceased’s (his estranged wife’s) apartment in the City of Houston to seek a reconciliation. There he found his wife about to depart in a taxicab. He asked to talk to her for a few minutes and told the taxi driver to leave. Soon thereafter an argument ensued, a “scuffle”…