Schoelman v. State

In Schoelman v. State, 644 S.W.2d 727, 732-33 (Tex. Crim. App. 1983) the Court held the trial court erred in denying the defendant's voluntary manslaughter charge even though the defendant had argued and received a charge on accident. The Court reasoned that the sudden passion charge should be given when it is raised by the evidence, even if it "conflicts with other evidence in the case." Schoelman, 644 S.W.2d at 732. That case was decided when sudden passion was a guilt/innocence issue rather than a punishment issue.