Court of Criminal Appeals of Texas
The State of Texas, Appellee v. James Lee, Appellant
October 2, 19911991 Tex. Crim. App. LEXIS 197
Summary
The Court of Criminal Appeals reversed the Court of Appeals’ acquittal and reinstated the trial court’s conviction for voluntary manslaughter. It held that the appellant was estopped from challenging the sufficiency of the evidence because he requested and did not object to the lesser‑included charge, and that voluntary manslaughter is not automatically a lesser included offense of murder absent evidence of sudden passion.