Court of Criminal Appeals of Texas

Jerry Lee Smith, Appellant v. the State of Texas

March 18, 19981998 Tex. Crim. App. LEXIS 38

Summary

The Court of Criminal Appeals affirmed the Court of Appeals' judgment, holding that the trial court properly gave a provocation instruction because sufficient evidence existed for each element of the doctrine. The Court clarified the three‑element test for provocation and rejected the appellant's claim of error.