(DOWNLOAD) "Bobby George v. State Texas" by Fifth District, Dallas Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Bobby George v. State Texas
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 05, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The offense alleged in the indictment in this cause is aggravated assault -- intentionally, knowingly and recklessly causing serious bodily injury to another by shooting him with a handgun. V.C.T.A Penal Code, ?? 22.01(a) (1) and 22.02(a) (1) and (4). In an unpublished opinion the El Paso Court of Appeals found there was evidence to support a requested instruction on what appellant calls the "defensive issue of accident," but was transformed in the court below into a "defense of involuntary conduct;" the court held that refusal of such instruction was error and, accordingly, reversed the judgment of conviction for assault and remanded the cause. George v. State (Tex. App.--El Paso, No. 08-82-00295-CR, delivered December 28, 1983). Concluding that the analysis leading to the finding of the court of appeals is faulty, we will reverse its judgment and affirm that of the trial court.