Lee v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for murder with malice aforethought wherein the punishment was assessed at eighteen (18) years.

In his sole ground of error appellant contends the trial court erred in failing to charge the jury on the issue of murder without malice at the guilt stage of the trial despite a timely presented special requested charge.

The State’s evidence reflects that the thirty-one year old appellant, the nineteen year old deceased, Marshall “Weird” Williams, Anthony Hughes and Ralston Harvey all worked at the Maxim Egg Company in Houston and…