Garcia v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for murder, wherein punishment was assessed at ten years.

Appellant contends the trial court erred in refusing his “requested special instruction to the jury relating to the defense of accident.” We agree and reverse.

Testifying in his own behalf, appellant related that the deceased gave him the gun as they were walking on the sidewalk and that the hammer was already pulled. When appellant told the deceased that he was going to throw the gun into the canal, the deceased suddenly grabbed appellant’s right elbow with one hand and the gun with…