Harris v. State

EN BANC OPINION

TERRY JENNINGS, Justice.

Under Texas Rule of Appellate Procedure 50, we withdraw our January 29, 2009 en banc opinion, substitute this opinion in its place, and vacate our January 29, 2009 judgment.

A jury found appellant, Kenneth Eugene Harris, guilty of the offense of manslaughter with a deadly weapon1 and assessed his punishment at confinement for twenty years. In four points of error, appellant contends that the trial court erred in instructing the jury to unanimously agree to acquit him of the offense of manslaughter before considering whether he was guilty of the…