Gerry Don McKinney, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas affirmed the conviction for murder, holding that the trial court did not err in refusing a sudden‑passion instruction because the evidence did not show an adequate cause or that the defendant acted under the immediate influence of sudden passion. The Court also held that evidence of provocation by the decedent does not preclude a sudden‑passion instruction, but such instruction requires additional factual support which was lacking.