Miller v. State

*817H. TOD WEAVER, Justice,

(Assigned), dissenting.

I respectfully dissent with respect to the majority’s disposition of point of error one regarding the trial court’s denial of appellant’s requested charge on insane delusion. I would sustain that point of error.

I concede that there was sufficient evidence to support the jury’s conclusion that Miller knew his shooting of Allen was wrong, when, as in this case, the jury’s conclusion was made only in light of the general charge on insanity that they were given by the trial court. Of course, the jury reached no conclusion based upon Miller’s…