Goodwin v. State

OPINION

BISSETT, Justice.

This is an appeal from a conviction for voluntary manslaughter under an indictment charging murder. We affirm the conviction, but set aside the punishment assessed and remand the cause to the trial court for the assessment of proper punishment and pronouncement of sentence.

Appellant was indicted for murder and as a habitual felony offender for having caused the death of Warren James Durkee, Jr., by kicking him in the head. Appellant elected to have his punishment fixed by the court rather than by the jury. Trial commenced on April 2, 1984, and on April 4, 1984,…