Gonzales v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant pled not guilty to an indictment for murder. V.T.C.A., Penal Code Sec. 19.02. A jury convicted appellant of murder, and assessed his punishment at 20 years imprisonment. He appealed from, and the San Antonio Court of Appeals reversed, that conviction. Gonzales v. State, 679 S.W.2d 638 (Tex.App. — 4th Dist.1984). We granted the State’s petition to review the correctness of the Court of Appeals’ holding that the appellant was entitled to a charge on voluntary manslaughter.

On appeal, appellant claimed that he presented…