SMITH v. STATE

No. 13-81-131-CR.

653 S.W.2d 835 (1982)

Billy Joe SMITH, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied October 14, 1982.


Attorney(s) appearing for the Case

J. Douglas Tinker, Tinker & Tor, Corpus Christi, for appellant.

Wm. B. Mobley, Jr., Dist. Atty., Corpus Christi, for appellee.

Before BISSETT, YOUNG and KENNEDY, JJ.


OPINION

KENNEDY, Justice.

Appeal is taken from conviction for voluntary manslaughter for which punishment was assessed at ten years. We affirm.

The theory propounded at trial by appellant was accident. The deceased died as a result of a gunshot wound to the chest. Appellant did not deny that he had the gun in his hands at the time it discharged. The incident occurred on the beach at Padre Island on April 28, 1979. There were a number of people in...

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