Mathis v. State

In Mathis v. State, 67 S.W.3d 918, 921 (Tex. Crim. App. 2002) the appellant shot three people, killing two and paralyzing the third. The appellant, who had been charged with murder, argued that the jury charge should have included an instruction on the lesser-included charge of manslaughter because he acted recklessly with the gun, and he did not intend to kill anyone. Id. at 925. But the court concluded the appellant "admitted to aiming and firing the gun." Id. at 926. Although the appellant wanted a lesser-included charge, "apart from appellant's testimony that he did not intend to kill anyone, there was no other evidence in support of such theory, and in fact the evidence refuted that testimony." Id. The court, therefore, held that an instruction on a lesser-included charge of manslaughter was not appropriate. Id.