GARCIA v. STATE

No. 59205.

605 S.W.2d 565 (1980)

Victor Ramirez GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied October 15, 1980.


Attorney(s) appearing for the Case

Richard M. Lovelace, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., and Paul J. Kubinski, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., Austin, for the State.

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


OPINION

ODOM, Judge.

This is an appeal from a conviction for murder, wherein punishment was assessed at ten years.

Appellant contends the trial court erred in refusing his "requested special instruction to the jury relating to the defense of accident." We agree and reverse.

Testifying in his own behalf, appellant related that the deceased gave him the gun as they were walking on the sidewalk and that the hammer was already pulled. When appellant...

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