[DOWNLOAD] "John Madison Hughes v. State Texas" by Thirteenth District, Corpus Christi Court of Appeals of Texas ~ Book PDF Kindle ePub Free

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eBook details

• Title: John Madison Hughes v. State Texas
• Author : Thirteenth District, Corpus Christi Court of Appeals of Texas
• Release Date : January 17, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Indicted for murder, appellant was convicted by a jury of the lesser offense of voluntary manslaughter and his punishment assessed at twenty years confinement and a fine of $10,000.00. On appeal the Tyler Court of Appeals reversed appellants conviction, holding that the trial court erred in charging, as part of its instruction to the jury on the law of defense of third parties, both in the abstract and in application to the facts of the case, that before appellant was entitled to use deadly force in defense of a third person it must be found that a reasonable person in his position would not have retreated under the circumstances. Hughes v. State, 721 S.W.2d 356 (Tex.App. - Tyler, 1985). We granted the States petition for discretionary review to examine the States contention that in so ruling the court of appeals appears to have misconstrued V.T.C.A. Penal Code, ?? 9.33 and 9.32. Tex.R.App.Pro. Rule 302(c)(4).

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