BOYETT v. STATE

No. 65967.

692 S.W.2d 512 (1985)

Jerry Lavon BOYETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 26, 1985.


Attorney(s) appearing for the Case

Michael A. McDougal, Conroe, for appellant.

Carroll E. Wilborn, Jr., Dist. Atty. and Jerry E. Andress, Asst. Dist. Atty., Liberty, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

W.C. DAVIS, Judge.

Appellant was indicted for murder. A jury found him guilty of the lesser included offense of voluntary manslaughter. The jury assessed punishment at twelve years' confinement. Appellant asserts two grounds of error, contending that the court's charge to the jury is fundamentally defective, and that the court erroneously overruled his motion for new trial.

Appellant argues that the charge is fundamentally defective because...

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