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Michael E. Martinez v. State Texas

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eBook details

  • Title: Michael E. Martinez v. State Texas
  • Author : Supreme Court Of Utah
  • Release Date : January 28, 1989
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Upon trial by jury, appellant was found guilty of murder Tex. Penal Code Ann. ? 19.02. The trial court assessed punishment at sixteen years confinement in the Texas Department of Corrections. On direct appeal, appellant raised one point of error challenging the trial courts failure to include in the courts charge an instruction on the law of deadly force in defense of person. The Court of Appeals for the Fourth Supreme Judicial District held that self-defense was not raised by the evidence because appellant, who contended the shooting was an accident, never admitted to the commission of the offense. Martinez v. State, 744 S.W.2d 687 (Tex.App.--San Antonio 1988). We granted appellants petition for discretionary review to examine the Court of Appeals holding. We will affirm the decision of the Court of Appeals.


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