Willie Burke Gibson, Appellant v. the State of Texas, Appellee

Summary

The Court reversed and remanded the murder conviction because the trial court erred in refusing a lesser‑included involuntary manslaughter instruction, a preserved error, while holding that the failure to object to the prosecutor's cross‑examination about the defendant's prior conviction waived any error under Art. 40.08. The dissent concurred in the result but argued the waiver rule should not apply to the prosecutor's improper questions.