Legal Opinion · Dissent

Luck v. State

Court of Criminal Appeals of Texas

Decided October 24, 1979No. 57365Published

1DissentPhillips, Judge

I dissent to the majority’s conclusion that there was no evidence presented at trial to raise the issue of voluntary manslaughter.

Officer Johnson testified as follows concerning statements that appellant made to him during an interview at appellant’s parents’ house:

Q Why did [appellant] say he killed Mr. Elledge?

A You want me to start at the first?

Q Yes.

A He stated that he was home, that he took his daughter to school, had car trouble, came home, fixed his car, and he was waiting until lunch time to go to work, and he stated that he was inside his home, and Mr. Elledge came over and knocked…

2Cases cited8 opinions

  1. Lewis v. StateCourt of Criminal Appeals of Texas · 1921
  2. Steen v. StateCourt of Criminal Appeals of Texas · 1920
  3. McGee v. StateCourt of Criminal Appeals of Texas · 1971
  4. Ray v. StateCourt of Criminal Appeals of Texas · 1974
  5. Monroe v. StateCourt of Criminal Appeals of Texas · 1973

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