PHILLIPS v. STATE

No. 07-85-0004-CR.

700 S.W.2d 18 (1985)

Edward Lee PHILLIPS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

October 29, 1985.


Attorney(s) appearing for the Case

Marvin Williams, Jr., Wischkaemper & Martinez, Lubbock, for appellant.

Jim Bob Darnell, Dist. Atty., Ruth Cantrell, Asst. Dist. Atty., Lubbock, for appellee.

Before REYNOLDS, C.J., and COUNTISS and BOYD, JJ.


COUNTISS, Justice.

Appellant was convicted of murder, Tex. Penal Code Ann. § 19.02(a)(1) (Vernon 1974), and sentenced to ten years in the penitentiary. By one ground of error, he contends the trial court erred in refusing to charge the jury on the lesser included offense of voluntary manslaughter. We agree, and reverse and remand.

Because our concern is whether the evidence raised the issue of voluntary manslaughter, we will review only the evidence pertinent...

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