Legal Opinion

Benavides v. State

Texas Court of Appeals, 1st District (Houston)

Decided May 13, 1999No. 01-94-00987-CRPublishedCited by 44 opinions

1Opinion of the Court

OPINION

MURRY B. COHEN, Justice.

Appellant was indicted for capital murder. A jury convicted him of murder and assessed punishment at life imprisonment. Appellant contends the evidence was insufficient; the judge should have instructed the jury on the lesser included offense of voluntary manslaughter; and the judge erred by admitting extraneous offense type evidence. We affirm.

Facts

This case involves two raids of the same property. Although appellant was charged with the murder that occurred during the second raid, the facts of the first raid are important.

A. The First Raid

At 7:45 p.m. on…

2Cases cited39 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Clewis v. StateCourt of Criminal Appeals of Texas · 1996
  3. Burks v. United StatesSupreme Court of the United States · 1978
  4. Ashe v. SwensonSupreme Court of the United States · 1970
  5. Beck v. AlabamaSupreme Court of the United States · 1980

34 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Mejia v. DavisCourt of Appeals for the Fifth Circuit · 2018
  2. Polasek v. State, Texas Court of Appeals, 1st District (Houston)2000
  3. Chavez v. State, Texas Court of Appeals, 4th District (San Antonio)2000
  4. Williams v. State, Texas Court of Appeals, 9th District (Beaumont)2001
  5. McKinney v. State, Texas Court of Appeals, 1st District (Houston)2005

39 more not listed; retrieve them via the Exa API.

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