Carr v. State
Texas Court of Criminal Appeals
116 S.W. 591, 116 S.W. 591 (1909)
- Written by Liz Nakamura, JD
Facts
Charlie Carr (defendant) and another person (PW), who served as the prosecuting witness in the subsequent trial, engaged in a card game involving monetary stakes. At the end of the game, Carr forced PW to turn over the wager money, which PW believed was PW’s money. Based on PW’s report, the State of Texas charged Carr with robbery. Carr countered and raised the claim-of-right defense, arguing that taking the money was not a robbery because he had won the money in the card game. At trial, Carr requested a jury instruction stating that (1) fraudulent intent was a required element of a robbery charge and (2) therefore, if Carr took the money under an honest claim of right, then the jury must find him not guilty. The trial judge refused to issue the requested instruction. Carr was convicted and sentenced to five years in prison. Carr appealed.
Rule of Law
Issue
Holding and Reasoning (Brooks, J.)
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