Garcia v. State

We need not determine whether the court’s charge on murder presents error since the jury found the appellant guilty of voluntary manslaughter, a lesser included offense. See, e. g., Brooks v. State, 143 Tex.Cr.R. 320, 158 S.W.2d 307 (1942); Goodgame v. State, 129 Tex.Cr.R. 250, 86 S.W.2d 753 (1935); Texas Digest, Homicide 340(4). That the charge on voluntary manslaughter may contain surplusage is of no importance. That charge contains the essentials. It authorizes the jury to convict the appellant for voluntary manslaughter if he caused the death of Carlos Mendoza under the immediate…