Humphries v. State
Decision Date | 13 May 1981 |
Docket Number | No. 3,No. 60721,60721,3 |
Parties | Gary Douglas HUMPHRIES, Appellant, v. The STATE of Texas, Appellee |
Court | Texas Court of Criminal Appeals |
Ray Montgomery, on appeal only, Houston, for appellant.
Carol S. Vance, Dist. Atty., Calvin A. Hartmann and Candelario Elizondo, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.
Before ODOM, W. C. DAVIS and McCORMICK, JJ.
This is an appeal from a conviction for voluntary manslaughter. Punishment was assessed at confinement for 16 years.
In his sole ground of error appellant contends that the trial court erred in submitting a charge on voluntary manslaughter since he was indicted for the offense of murder. The appellant advances an argument similar to the one in Braudrick v. State, Tex.Cr.App., 572 S.W.2d 709, 710:
As we held in Braudrick at 711:
In the instant case the record reflects the that appellant stabbed the victim in the course of a heated argument. Therefore, we find no error...
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