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[Download] "Theran Noble Ayers v. State Texas" by First District, Houston Court of Appeals of Texas ~ eBook PDF Kindle ePub Free

Theran Noble Ayers v. State Texas

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eBook details

  • Title: Theran Noble Ayers v. State Texas
  • Author : First District, Houston Court of Appeals of Texas
  • Release Date : January 12, 1980
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

On original submission a panel of this Court found the trial courts charge on guilt/innocence to be fundamentally defective. Specifically, the panel held that the court fundamentally erred in (1) failing to require as a prerequisite to a conviction for murder a finding beyond a reasonable doubt that appellant was not acting under the immediate influence of sudden passion arising from an adequate cause, and (2) requiring as a prerequisite for a conviction for the lesser included offense of voluntary manslaughter a finding beyond a reasonable doubt that appellant was acting under the immediate influence of sudden passion. The state has filed a motion for rehearing urging that appellant is not entitled to a reversal because he himself requested the charge given by the court.


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