Roberts v. State

The Fort Worth Court of Appeals reversed appellant’s conviction for murder on the grounds that the trial court erred in failing to charge the jury on the lesser included offenses of involuntary manslaughter and criminally negligent homicide. Roberts v. State, 682 S.W.2d 438 (Tex.App. — Fort Worth 1984).

The State’s evidence showed that appellant and his wife Wanda were separated; and, although they spent some amicable time together during the separation, Wanda was afraid of appellant. A few days before the offense, appellant told Wanda’s uncle he was determined to see her. That same day he…