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SCHROEDER v. STATE

No. 561-03.

123 S.W.3d 398 (2003)

Melvin James SCHROEDER, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

December 3, 2003.

Attorney(s) appearing for the Case

Stanley G. Schneider, Houston, for Appellant.

Jeffrey L. Van Horn, First Asst. State Atty., Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

WOMACK, J., delivered the opinion for a unanimous Court.

This case presents two issues. First, in a prosecution for murder, is a defendant's inability to remember engaging in the charged conduct alone sufficient evidence of recklessness to raise the lesser-included offense of manslaughter? Second, did the trial court in this case err in failing to charge the jury on the lesser-included offense of manslaughter? We hold that...

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