Legal Opinion · Dissent

Shaw v. State

Court of Criminal Appeals of Texas

Decided June 12, 1974No. 47886Published

1DissentMorrison, Judge

The original opinion quoted that portion of appellant’s testimony in which he discussed the killing and gave his reason therefor. He testified that he acted in self defense and justified the killing on this ground alone. Such defense was submitted to the jury.

The majority now says in effect that if there was another defense upon which appellant might have relied and did not, it too should have been given in the court’s charge to the jury.

For this Court to reverse in such a case is essentially unfair to the trial judge who presided and who gave the defensive charge which was raised by the…

2Cases cited7 opinions

  1. Whitehead v. StateCourt of Criminal Appeals of Texas · 1968
  2. Jamison v. StateCourt of Criminal Appeals of Texas · 1941
  3. Jamison v. StateCourt of Criminal Appeals of Texas · 1941
  4. Rice v. StateCourt of Criminal Appeals of Texas · 1951
  5. Howard v. StateCourt of Criminal Appeals of Texas · 1962

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