Jerry Lee Smith, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas affirmed the conviction for voluntary manslaughter, holding that the trial court properly gave a jury instruction on provocation because sufficient evidence existed for a rational jury to find all elements of provocation beyond a reasonable doubt. The decision clarified the three‑element test for provocation and applied a sufficiency‑of‑evidence standard. Justice Baird, dissenting, argued that the third element—intent to provoke—was not supported by the record and urged reversal.