GONZALEZ v. STATE

No. 04-85-00222-CR.

733 S.W.2d 589 (1987)

Benito GONZALEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied June 29, 1987.


Attorney(s) appearing for the Case

Joe Rubio, Fergueson, Rubio & Czar, Laredo, for appellant.

Julio Garcia, Dist. Atty., Laredo, for appellee.

Before CADENA, C.J. and SHIRLEY W. BUTTS and ANTONIO G. CANTU, JJ.


OPINION

CADENA, Chief Justice.

Appellant, who was convicted of voluntary manslaughter and sentenced to 15 years' imprisonment, seeks reversal of his conviction because the trial court, over his objection, refused to submit his requested instruction on the lesser included offense of aggravated assault. We reverse the conviction.

Appellant and Guadalupe DeAnda began fighting inside a bar and were told to leave by the proprietor, Filberto Sierra. Appellant...

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