STANLEY v. STATE

No. 61130.

625 S.W.2d 320 (1981)

Lester STANLEY, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied January 6, 1982.


Attorney(s) appearing for the Case

George W. Morris, Conroe, William R. Cummings, New Caney, for appellant.

James H. Keeshan, Dist. Atty. and Michael A. McDougal, Asst. Dist. Atty., Conroe, Robert Huttash, State's Atty., Austin, for the State.

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


OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of voluntary manslaughter; the punishment is imprisonment for twenty years and a fine of $10,000. The trial was in Polk County after a change of venue from San Jacinto County.

The appellant asserts that a charge on provoking the difficulty was erroneously submitted to the jury, and his plea of former jeopardy was erroneously overruled.

The appellant's testimony raised...

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