Legal Opinion

Bartmess v. State

Texas Court of Appeals, 12th District (Tyler)

Decided March 27, 1986No. 12-84-0132-CRPublishedCited by 5 opinions

1Opinion of the Court

COLLEY, Justice.

This is an appeal from a conviction for attempted murder. Punishment was assessed by the jury at twelve years’ confinement. Appellant presents three grounds of error, all of which complain of the court’s charge to the jury on the right to use deadly force in self-defense.

At the outset it must be noted that appellant did not object to the charge at trial. Therefore, in order to prevail upon this appeal, appellant’s alleged error or errors must be fundamental, or in the language of Almanza v. State, 686 S.W.2d 157, 171 (Tex.Cr.App.1984), “so egregious and created such harm that…

2Cases cited22 opinions

  1. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Hamling v. United StatesSupreme Court of the United States · 1974
  4. Boyce Motor Lines, Inc. v. United StatesSupreme Court of the United States · 1952
  5. Giaccio v. PennsylvaniaSupreme Court of the United States · 1965

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

3Cited by5 opinions

  1. Juarez v. State, Texas Court of Appeals, 1st District (Houston)1994
  2. Ex Parte BartmessCourt of Criminal Appeals of Texas · 1987
  3. Culverson v. StateNevada Supreme Court · 1990
  4. Culverson v. StateNevada Supreme Court · 1990
  5. Jimmy Horace Oakley v. State, Texas Court of Appeals, 6th District (Texarkana)2006

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