Smith v. State

OPINION

KENNEDY, Justice.

Appeal is taken from conviction for voluntary manslaughter for which punishment was assessed at ten years. We affirm.

The theory propounded at trial by appellant was accident. The deceased died as a result of a gunshot wound to the chest. Appellant did not deny that he had the gun in his hands at the time it discharged. The incident occurred on the beach at Padre Island on April 28, 1979. There were a number of people in the vicinity at the time, most of whom, including appellant and the deceased, Bruce Benham, had been drinking quite a bit over the period of the…