Melvin James Schroeder v. State

OPINION

Opinion by

Justice BAIRD.

Appellant was charged by indictment with the offense of murder. A jury convicted appellant of the charged offense and assessed punishment at confinement for life the Texas Department of Criminal Justice — Institutional Division. Appellant contends the trial court erred in failing to charge the jury on the lesser offense of manslaughter. For the following reasons, we agree and reverse the judgment of the trial court.

I. Lesser-included Offenses.

A charge on a lesser-included offense must be given if (1) the lesser-included offense is included within the proof…