Gonzales v. State

Again the Court is confronted with the question of when evidence in a murder prosecution sufficient to entitle an accused to an instruction on the issue of selfdefense will also raise the issue of whether he may also have acted “under the immediate influence of sudden passion arising from an adequate cause.” V.T.C.A. Penal Code, § 19.04. Today the majority finds that despite the fact that the evidence raised the issue of selfdefense in this cause, voluntary manslaughter was not raised because “[t]he appellant’s testimony showed that throughout his confrontation with the deceased he stayed…