Court of Criminal Appeals of Texas

Norman Lee Bradley, Appellant v. the State of Texas, Appellee

February 27, 19851985 Tex. Crim. App. LEXIS 1228

Summary

The Court held that voluntary manslaughter is not a lesser‑included offense of murder unless the evidence raises the issue of sudden passion, and therefore reversed the appellant’s murder conviction and remanded with instructions to enter a judgment of acquittal. In reaching this result the Court overruled the prior holding in Paige v. State and rejected the Braudrick construction that treated sudden passion as a defense to murder. A concurrence and a dissent were filed.