Franklin v. State
Texas Court of Criminal Appeals
51 S.W. 951 (1899)
- Written by Kelli Lanski, JD
Facts
Benjamin Franklin (defendant) was at a saloon in San Antonio and asked the bartender for a deck of cards. The bartender replied that he had none, and a fight ensued. The bartender slapped Franklin, who pulled out a pistol and shot the bartender in the left leg. A doctor treated the bartender’s wound and noted that the bullet did not break any bones but did cut a leg artery. He recommended amputation to prevent blood poison. The bartender refused, later contracted blood poisoning, and died nine days after Franklin shot him. Franklin was charged with manslaughter. At trial, the bartender’s doctor testified that he visited the bartender daily to treat his wound and that he could not say whether the bartender would have lived if he had allowed the doctor to amputate his leg, as amputations sometimes led to death and blood poisoning could set in even with an amputation. Franklin was convicted and appealed, arguing that he did not cause the bartender’s death because the wound itself did not appear to be fatal.
Rule of Law
Issue
Holding and Reasoning (Henderson, J.)
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