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CAVAZOS v. STATE

No. 1098-96.

931 S.W.2d 317 (1996)

Gilbert CAVAZOS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Review Refused October 16, 1996.

Attorney(s) appearing for the Case

Bob D. Odom, Belton, for appellant.

James T. Russell, Assistant District Attorney, Belton, Matthew Paul, State's Attorney, Austin, for State.

Before the court en banc.

Petition for Discretionary Review Refused.

CLINTON, Judge, dissenting to Refusal of Appellant's Petition for Discretionary Review.

The issue here is whether appellant, charged with and convicted of murder, should have received a jury instruction for the lesser included offense of involuntary manslaughter by reckless conduct. Appellant and his accomplice, Scott James Zywicki, were ejected from a night club after...

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