Chennault v. State

667 S.W.2d 299 (1984)

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Chennault v. State

Texas Court of Appeals
667 S.W.2d 299 (1984)

KL

Facts

Kenneth Lee Chennault (defendant) met with Wayne Padgett, an undercover police officer, and offered Padgett $2,500 to kill an individual. Chennault described the man he wanted killed and agreed to pay for it but refused to make a prepayment, claiming that previous attempts on the man’s life had gone awry. They set up a second meeting, but Chennault arrived early, saw Padgett speaking to another man, got spooked, and left. Afterward, Chennault called Padgett to provide more details about the intended victim. About a week later, Chennault called off the hit. He was arrested and charged with solicitation of murder. At trial, the prosecutor instructed the jury that if Chennault had decided to call off the hit because he had changed his mind and did not want the intended victim to die, the jury should find him not guilty, but if Chennault called off the hit for any other reason, the jury should find him guilty. Chennault’s counsel objected to the instructions, arguing that Chennault could argue the renunciation defense for reasons other than the one mentioned by the prosecutor and that the prosecutor’s statement of the law was too narrow. The trial court overruled the objection. Chennault was convicted and appealed.

Rule of Law

Issue

Holding and Reasoning (Shumpert, J.)

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