Nelson v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for voluntary manslaughter. V.T.C.A. Penal Code, Sec. 19.04. Appellant was indicted for the offense of murder and after a trial before the court was found guilty of voluntary manslaughter. Punishment was assessed at eight years.

It is undisputed that the appellant shot and killed the deceased, his stepfather, on the evening of December 24, 1975. The shooting occurred in the kitchen of appellant’s home, where his mother and the deceased had been living for several months.

On the evening of the offense, the appellant had called his…