French v. State

1990 WL 28976 (1990)

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French v. State

Texas Court of Appeals
1990 WL 28976 (1990)

Kelli Lanski headshot
  • Written by Kelli Lanski, JD

Facts

Broderick Ramone French (defendant) was charged with criminally negligent homicide after he shot and killed Eddie Eugene Sloan, a man who stole his hat. Sloane was assisted by several friends in stealing the hat, and French was hampered by his pacemaker in trying to recover the hat. French was also afraid of Sloane based on Sloane’s reputation for violence. After Sloane and his friends took French’s hat, French retrieved a gun from a nearby car and shot Sloane, who died. French testified at his trial that two or three minutes lapsed from the time Sloane took his hat to the time French shot him and that he believed force was necessary to get his hat back from Sloane and Sloane’s friends. French was convicted and appealed, arguing that the trial court erred by not including the defense of protection of property in its jury instructions.

Rule of Law

Issue

Holding and Reasoning (Brown, C.J.)

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Casebooks

Criminal Law

Key Terms

  • Deadly ForceForce that an actor uses with the purpose of causing, or which he knows to create a substantial risk of causing, death or serious bodily harm.
  • Jury InstructionsA set of directions given by a trial judge to a jury designed to explain the relevant law and guide the jury’s decision making.
  • Protection of propertyA defense to a claim of intentional harm, based on the defendant’s interest in protecting his property.

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