ROBERTS v. STATE

No. 58222.

590 S.W.2d 498 (1979)

Cornell ROBERTS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

December 12, 1979.


Attorney(s) appearing for the Case

W. B. "Bennie" House, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., Calvin Hartmann and Kay Burkhalter, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, TOM G. DAVIS and CLINTON, JJ.


OPINION

CLINTON, Judge.

This is an appeal from a conviction for the offense of murder wherein the jury assessed appellant's punishment enhanced by a prior felony conviction under the ambit of V.T.C.A. Penal Code, § 12.42(c), at confinement in the Texas Department of Corrections for a term of twenty years.

At the outset, we are met with the contention that the trial court erred in failing to submit a charge on the lesser included offense of voluntary...

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