James Alan Jenkins v. State
Court of Appeals of Texas
1DissentJ. Brett Busby, Justice
In this prosecution for illegal voting, appellant contends he was entitled to jury instructions allowing him to prove by a preponderance of the evidence that, due to a mistake of law, he reasonably believed he resided in the precinct in which he voted. But those are hot the instructions appellant requested. Moreover, the charge given to the jury already required the State to prove beyond a reasonable doubt that appellant knew he did not reside in the precinct in which he voted. Because this charge gave the jury a more favorable vehicle to acquit the defendant if it agreed with his defensive…
2Cases cited36 opinions
- Almanza v. StateCourt of Criminal Appeals of Texas · 1985
- Ngo v. StateCourt of Criminal Appeals of Texas · 2005
- Cheek v. United StatesSupreme Court of the United States · 1991
- Walters v. StateCourt of Criminal Appeals of Texas · 2007
- Posey v. StateCourt of Criminal Appeals of Texas · 1998
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