RODRIGUEZ v. STATE

No. 04-86-00069-CR.

743 S.W.2d 287 (1987)

Augustine RODRIGUEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied December 31, 1987.


Attorney(s) appearing for the Case

Dennis Sagebiel, Seguin, Charles D. Butts, San Antonio, for appellant.

W.C. Kirkendall, Sean K. Proctor, Seguin, for appellee.

Before CADENA, C.J., and CANTU and REEVES, JJ.


OPINION

CANTU, Justice.

Appeal is from a conviction for voluntary manslaughter as a lesser included offense of murder. Punishment was assessed by the jury at confinement for a period of ten years.

The salient facts are as follows:

On the evening of July 10, 1983, Seguin police were dispatched to the R & R DriveIn, an establishment licensed to sell alcoholic beverages, to investigate a report that a patron was in possession of a weapon...

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