Barnes v. State

OPINION

TEAGUE, Judge.

Steven Barnes, appellant, appeals his conviction by a jury for committing the offense of voluntary manslaughter on an indictment which charged him with committing the offense of murder pursuant to V.T.C.A., Penal Code, Sec. 19.02(a)(1). The jury assessed punishment at 5 years’ confinement in the penitentiary.

We find that we are confronted with unassigned error which requires reversal, because of error of commission in the *2trial court’s charge. See Art. 40.09, subd. 13, Y.A.C.C.P., which was in effect at the time notice of appeal was given in this cause. The appellate…