Branham v. State
Decision Date | 18 July 1979 |
Docket Number | No. 2,No. 58077,58077,2 |
Citation | 583 S.W.2d 782 |
Parties | Linda BRANHAM, Appellant, v. The STATE of Texas, Appellee |
Court | Texas Court of Criminal Appeals |
R. William Wood, Denton, for appellant.
Jerry Cobb, Dist. Atty., Bruce F. Baxter, and Gary Patton, Asst. County Attys., Denton, Robert Huttash, State's Atty., Austin, for the State.
Before DOUGLAS, TOM G. DAVIS and DALLY, JJ.
Appeal is taken from a conviction for involuntary manslaughter. V.T.C.A. Penal Code, Sec. 19.05(a)(1). After returning a verdict of guilty, the jury assessed punishment at ten years and a $5,000 fine.
In her first ground of error, appellant contends that the trial court erred in failing to charge the jury on the offense of criminally negligent homicide. Appellant had been indicted for the offense of murder. The trial court charged the jury on the law of murder, involuntary manslaughter, justification, mistake of fact, and self-defense. Appellant properly objected to the court's failure to include a charge on criminally negligent homicide, and submitted a requested jury instruction on the issue.
Appellant shot and killed the deceased after coming into possession of his gun. There was conflicting testimony as to whether the deceased handed her his gun or whether she "snatched" it from him. The deceased had quarreled with appellant earlier in the day and he had fired a shot at her with the same pistol. Appellant testified:
Appellant testified that she had never previously held a gun. Appellant further testified:
The State impeached the testimony of appellant by having her read portions of her written statement given to the police. The statement indicated that appellant had intentionally shot the deceased.
A person commits the offense of criminally negligent homicide if he causes the death of an individual by criminal negligence. V.T.C.A. Penal Code, Sec. 19.07(a). "Criminal negligence" is defined in Sec. 6.03(d) of the Penal Code:
In Moore v. State, Tex.Cr.App., 574 S.W.2d 122, the defendant testified that she could not remember aiming the gun or pulling the trigger of the gun that shot the victim. She was unfamiliar with guns and thought that the gun was unloaded. This Court held that the trial court should have charged the jury on criminally negligent homicide in that the defendant's testimony raised an issue as to whether she was negligent in not perceiving the risk which her conduct created. Likewise, in London v. State, Tex.Cr.App., 547 S.W.2d 27, we held that the trial court erred in failing to charge the jury on criminally negligent homicide after the defendant testified that the gun he was holding on the victim accidentally discharged after he was hit in the back by a third party. In Dockery v. State, Tex.Cr.App., 542 S.W.2d 644, it was found that the defendant had properly been charged with criminally negligent homicide under our new Penal Code. The defendant's weapon had accidentally discharged while the defendant was attempting to uncock it. Lastly, in Scott v. State , we held that the defendant was not entitled to a charge on criminally negligent homicide when he testified that he intentionally shot at the deceased to scare...
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Thomas v. State
...knew the risk of harm or death involved with guns and disregarded it. The instant case is similarly analogous. In Branham v. State, 583 S.W.2d 782 (Tex.Cr.App.1979), a panel of this Court held that the defendant's testimony that she thought the gun was unloaded, that she did not intend to f......
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Gordon v. State, 04-81-00116-CR
...of a lesser included offense and a charge on the issue is properly requested, the charge must be submitted to the jury. Branham v. State, 583 S.W.2d 782 (Tex.Cr.App.1979). But where the evidence raises only the issue that the accused is guilty of the offense charged or not guilty of any off......
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Fraser v. State
...negligence. Criminally negligent homicide is a lesser-included offense to the offense of manslaughter. See Branham v. State , 583 S.W.2d 782, 784 (Tex. Crim. App. 1979) ; Ormsby v. State, 600 S.W.2d 782, 784 (Tex. Crim. App. 1979). INJURY TO A CHILD As relevant to the facts of this case, a ......
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Offenses against person
...Manslaughter §19.04 Criminally Negligent Homicide §19.05 Wasylina v. State , 305 S.W.3d 568 (Tex.Crim.App. 2010); Branham v. State , 583 S.W.2d 782 (Tex.Crim.App. 1979); Gonzales v. State , 532 S.W.2d 343 (Tex.Crim.App. 1976); Stadt v. State , 182 S.W.3d 360 (Tex.Crim.App. 2005); Brown v. S......
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Table of cases
...198 S.W. 942 (Tex. Crim. App. 1917) 7:50 Braggs v. State 951 S.W.2d 877 (Tex. App.—Texarkana 1997, pet. ref’d) 3:980 Branham v. State 583 S.W.2d 782 (Tex. Crim. App. 1917) 6:00, 6:80, 6:170, 6:370 Brazelton v. State 947 S.W.2d 644 (Tex. App.—Fort Worth 1997, no pet.) 3:1580, 3:1620 Breckenr......