Court of Criminal Appeals of Texas
Donny Kuykendall, Appellant v. the State of Texas, Appellee
November 26, 19801980 Tex. Crim. App. LEXIS 1464
Summary
The Court affirmed the murder conviction, holding that the trial court did not err in failing to give a criminally negligent homicide instruction, in refusing the oral instructed‑verdict motion, or in admitting the contested hearsay, because the evidence did not raise the lesser‑included offense, the jury could reasonably find intent, and the out‑of‑court statement was offered for a non‑truth purpose.