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SMITH v. STATE

No. 13-86-158-CR.

721 S.W.2d 524 (1986)

David M. SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

November 26, 1986.

Attorney(s) appearing for the Case

Lawrence P. Gwin, Jr., Bay City, for appellant.

Daniel Shindler, Dist. Atty., Bay City, for appellee.

Before NYE, C.J., and KENNEDY and BENAVIDES, JJ.

OPINION

NYE, Chief Justice.

The offense is murder, and the punishment assessed is forty-five years' imprisonment. Appellant requested the submission of instructions on involuntary manslaughter and criminally negligent homicide in the charge to the jury. His request was denied, and he now asserts error. We reverse.

The record reflects that, on July 28, 1985, appellant shot and killed Dondie Michelle Boone, his fourteen-year-old stepdaughter, and her...

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