Legal Opinion

Semaire v. State

Court of Criminal Appeals of Texas

Decided October 22, 1980No. 62635PublishedCited by 57 opinions

1Opinion of the Court

OPINION

ROBERTS, Judge.

This murder case presents the question of whether a suspect is justified in defending himself against the use of force which he reasonably believes is unlawful, but which actually is lawful. If the answer is Yes, which we hold that it is, then this appellant was entitled to have a jury decide whether his belief was reasonable.

*530The appellant has been found guilty of murdering his wife and has been assessed a punishment of eight years’ confinement. The trial court refused the appellant’s requested instruction on the law of self-defense. The State argues that there was no…

2Cases cited3 opinions

  1. Warren v. StateCourt of Criminal Appeals of Texas · 1978
  2. Valentine v. StateCourt of Criminal Appeals of Texas · 1979
  3. Rodriquez v. StateCourt of Criminal Appeals of Texas · 1976

3Cited by57 opinions

  1. Hamel v. StateCourt of Criminal Appeals of Texas · 1996
  2. Smith v. StateCourt of Criminal Appeals of Texas · 1998
  3. Werner v. StateCourt of Criminal Appeals of Texas · 1986
  4. Dyson v. StateCourt of Criminal Appeals of Texas · 1984
  5. Riddle v. StateCourt of Criminal Appeals of Texas · 1994

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