Legal Opinion

Wallace v. State

Texas Court of Appeals, 4th District (San Antonio)

Decided January 25, 1989No. 04-88-00189-CRPublishedCited by 16 opinions

1Opinion of the Court

OPINION

BIERY, Justice.

This is an appeal from a conviction of murder in a trial by jury. In his sole point of error, appellant contends the trial court reversibly erred by including within the charge definitions of “intentionally” and “knowingly” pertaining to the nature of appellant’s conduct.

Murder is an offense which requires that the culpable mental state accompany the result of the conduct, rather than the nature of the conduct. A charge which defines “intentionally” and “knowingly” as they relate to the nature of the conduct as well as the result of the conduct is error. Alvarado v.…

2Cases cited4 opinions

  1. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  2. Alvarado v. StateCourt of Criminal Appeals of Texas · 1985
  3. Ex Parte FranklinCourt of Criminal Appeals of Texas · 1988
  4. Mena v. StateCourt of Appeals of Texas · 1988

3Cited by16 opinions

  1. Cook v. StateCourt of Criminal Appeals of Texas · 1994
  2. State v. DuckerTennessee Supreme Court · 2000
  3. Banks v. State, Texas Court of Appeals, 4th District (San Antonio)1991
  4. Greene v. State, Texas Court of Appeals, 4th District (San Antonio)1996
  5. Buffington v. State, Texas Court of Appeals, 4th District (San Antonio)1990

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