Opinion

Evans v. State

  • 601 S.W.2d 943
  • 1980 Tex. Crim. App. LEXIS 1305
Court
Court of Criminal Appeals of Texas
Filed
Jul 16, 1980
Status
Published
Author
Douglas
On the bench
Phillips, Onion, Douglas, Odom
Cited by
21 cases
Authority
More cited than 7.4%

“Appellant contends that this issue was raised by the evidence and that he timely requested the court to submit the issue to the jury.”

How later courts described this case

  • “Appellant contends that this issue was raised by the evidence and that he timely requested the court to submit the issue to the jury.”
  • victim’s act in pointing and firing pistol at defendant sufficient provocation
  • robber, accused of murdering his intended robbery victim, was not entitled to a self-defense instruction during the guilt-innocence phase of his trial, where the only evidence presented at trial showed that the defendant provoked the necessity for self-defense by attempting to rob the victim

Written by the judges who cited it.

The opinion

DOUGLAS, Judge,

dissenting.

The conviction should not be reversed. The indictment should be held to be sufficient. See the dissenting opinion in Brasfield v. State, 600 S.W.2d 288 (Opinion on State’s Motion for Rehearing, 1980).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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