MACKEY v. STATE

No. 10-89-124-CR.

811 S.W.2d 643 (1991)

Donald Dwayne MACKEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Discretionary Review Refused September 25, 1991.


Attorney(s) appearing for the Case

Steven R. Rosen, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and J. Harvey Hudson, Asst. Dist. Atty., Houston, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.


OPINION

VANCE, Justice.

Donald Mackey challenges his felony murder conviction for which he was assessed ninety-nine years in prison. He claims that (1) there is insufficient evidence in the record to show that he committed an act clearly dangerous to human life during the course of or in furtherance of the commission of a felony, and (2) the court erred in failing to instruct the jury on the lesser included offenses of involuntary manslaughter and...

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