Lawrence v. State

Decision Date11 May 1983
Docket NumberNo. 3-82-296-CR,3-82-296-CR
Citation699 S.W.2d 229
PartiesBetty Thornton LAWRENCE, Appellant, v. The STATE of Texas, Appellee. (T).
CourtTexas Court of Appeals

Frank W. Sullivan, III, Fort Worth, for appellant.

Arthur C. Eads, Dist. Atty., Belton, for appellee.

Before SHANNON, EARL W. SMITH and BRADY, JJ.

EARL W. SMITH, Justice.

Appellant, in a jury trial, was convicted of the offense of murder. Punishment was assessed by the jury at confinement in the Texas Department of Corrections for a term of twenty-five years.

Appellant complains on appeal that the trial court erred in refusing to admit expert testimony as to her state of mind at the time of the homicide; that the evidence is insufficient to sustain her conviction for murder; and that the court erred in refusing to allow appellant to introduce evidence, at the punishment phase of the trial, of her poor health.

At the outset, we commend the State for its highly professional reply brief in which it calls the attention of this Court to the fact that there may be a fundamental error in the court's charge to the jury at the guilt-innocence phase of the trial. It is refreshing to read from the State's brief that: "[i]t is the duty of the prosecuting attorney not to convict, but to see that justice is done." See Tex.Code Cr.P.Ann. art. 2.01 (Supp.1982).

Appellant was indicted for murder under Tex.Pen.Code Ann. § 19.02(a)(1) and (2) (1974). A review of the record reveals that the issue of voluntary manslaughter was raised in the evidence. The trial court, in applying the law to the facts, charged the jury on the issues of murder and voluntary manslaughter as follows:

4. Now, if you should find and believe from the evidence beyond a reasonable doubt that on or about the 2nd day of August, 1979, the defendant, Betty Thornton Lawrence, did then and there intentionally or knowingly cause the death of an individual, Kenneth Trumble, by shooting him with a gun, or, if you should find and believe from the evidence beyond a reasonable doubt that on or about the 2nd day of August, 1979, the defendant, Betty Thornton Lawrence, did then and there, intending to cause serious bodily injury to an individual, Kenneth Trumble, commit an act clearly dangerous to human life, to-wit: did then and there shoot the said Kenneth Trumble with a gun thereby causing the death of the said individual, as alleged in the indictment, then you will find the defendant guilty of murder.

Unless you so find beyond a reasonable doubt, or if you have a reasonable doubt thereof, you will acquit the defendant of murder and next consider whether she is guilty of voluntary manslaughter.

5. If you find and believe from the evidence beyond a reasonable doubt that on the occasion in question the defendant, Betty Thornton Lawrence, did intentionally or knowingly cause the death of Kenneth Trumble, by shooting him with a gun, or, did then and there, intending to cause serious bodily injury to an individual, Kenneth Trumble, commit an act clearly dangerous to human life, to-wit: did then and there shoot the said Kenneth Trumble with a gun thereby causing the death of the said individual, as inquired about in the foregoing paragraph, but you further find and believe from all the facts and circumstances in the case that the defendant, in killing Kenneth Trumble, if she did, acted under the immediate influence of sudden passion arising from an adequate cause, or if you have a reasonable doubt thereof, then you will find the defendant guilty of voluntary manslaughter.

6. If you should find from the evidence beyond a reasonable doubt that the defendant is guilty of murder or manslaughter, but you have a reasonable doubt as to which offense she is guilty [of], then you should resolve that doubt in defendant's favor and find her guilty of the lesser offense of voluntary manslaughter.

Where the issue of voluntary manslaughter is raised, the burden of proving the lack of sudden passion is placed upon the State. Moreover, this burden must be placed in the paragraph of the charge applying the law of murder to the facts of the case. Failure of the trial court to so do constitutes fundamental error requiring a reversal of the conviction. Jenkins v. State, 688 S.W.2d 504; Tex.Cr.App. Cobarrubio v. State, 675 S.W.2d 749, Tex.Cr.App., 1983 (not yet published); Braudrick v. State, 572 S.W.2d 709, 710 (Tex.Cr.App.1978). In Cobarrubio v. State, supra, the Court quoted with approval the holding of Braudrick v. State, supra as follows:

[t]he distinguishing feature between murder and voluntary manslaughter is not a fact that must be proven beyond a reasonable doubt to establish voluntary manslaughter, nor is it a fact that must be disproven by the State to establish murder in the absence of some evidence raising an issue as to that fact. If the issue is raised, then it must be disproven to establish murder, and a reasonable doubt on the issue requires acquittal on the murder charge and allows conviction only for voluntary manslaughter....

We therefore hold that causing death "under the immediate influence of sudden passion arising from an adequate cause" is in the nature of a defense to...

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2 cases
  • Benavides v. State
    • United States
    • Texas Court of Appeals
    • February 25, 1999
    ...appellant did not object to it, the court of appeals held that it was fundamental error and reversed the judgment. Lawrence v. State, 699 S.W.2d 229 (Tex.App.--Austin, 1983). The Court of Criminal Appeals reversed the court of appeals' judgment and affirmed the trial court's judgment. It he......
  • Lawrence v. State
    • United States
    • Texas Court of Criminal Appeals
    • November 6, 1985
    ...dismissal of the murder indictment was "without prejudice" to further prosecution for a lesser included offense." Lawrence v. State, 699 S.W.2d 229 (Tex.App.--Austin, 1983). We granted the State's petition for discretionary review to determine the correctness of the court of appeals holding......

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