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.