MENDOZA v. STATE

No. 49587.

522 S.W.2d 898 (1975)

Richard MENDOZA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 21, 1975.


Attorney(s) appearing for the Case

Kerry P. FitzGerald (Court-appointed on appeal), Dallas, for appellant.

Henry Wade, Dist. Atty., and Steve Wilensky, Jon Sparling and Don Driscoll, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

GREEN, Commissioner.

In a trial before a jury, appellant was convicted of murder with malice. Punishment was assessed at thirty years.

Appellant's sole ground of error is that the court erred in refusing to submit in its charge to the jury instructions on the law of negligent homicide.

The record reflects that in the latter part of July, 1972, Rosemary Gonzales and her six months old son, Michael Gonzales, started living with appellant...

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