Conroy v. State
Texas Court of Appeals
843 S.W.2d 67 (1992)
After paying escorts to come to his home, Edward Conroy (defendant) decided to burst into rooms brandishing a loaded, cocked revolver pretending to be a vice officer; entering the third room with his finger apparently on the trigger, the gun discharged and killed Elissa Anne Roberts. Conroy testified he did not intend to shoot anyone and did not see the victim when he entered, and though the trial court instructed on involuntary manslaughter (recklessness) and Conroy was convicted of that offense, it denied his request for an instruction on the lesser offense of criminally negligent homicide.
Whether it is reversible error for a trial court to refuse to give a requested jury instruction on a lesser included offense when evidence from any source raises an issue that the defendant may be guilty of the lesser included offense.