¶1dissenting.
¶2I respectfully dissent. When the court charged the jury on the law of parties, this was sufficient for the jury to determine whether the appellant was a party to the offense. The law of parties, when applied to the instant factual situation, afforded the jury an opportunity to decide whether the appellant was a party or whether his co-actor had acted on a sudden impulse, and appellant was merely a victim of circumstances which he could not control. Any error in refusing the requested charge was not so harmful as to have denied appellant a fair and impartial trial. See Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1985).
¶3I would hold that the trial court did not err in refusing the requested instruction, and uphold the conviction.