Court of Criminal Appeals of Texas

Luis Lugo, Appellant v. the State of Texas, Appellee

March 14, 19841984 Tex. Crim. App. LEXIS 620

Summary

The Court of Criminal Appeals held that the trial court erred by refusing to submit a jury instruction on the lesser included offense of involuntary manslaughter, even though the evidence raised that issue, and that a defendant's testimony negating an element does not preclude such an instruction. The convictions were reversed and the case remanded for a new trial with the proper instruction.