Gonzales v. State

532 S.W.2d 343 (1976)

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Gonzales v. State

Texas Court of Criminal Appeals
532 S.W.2d 343 (1976)

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Facts

Paul Chavez was in a furniture store with his three children when an acquaintance, Solomon Gonzales (defendant) entered the room and pulled a small pistol out of his pocket. Chavez asked Gonzales to put the gun away, and Gonzales complied. Chavez then asked if the gun was real, and Gonzales said no but took the gun out again and fired it, shooting Chavez’s son in the head. Gonzales fled the building and was arrested later that night for illegally carrying a gun on a licensed premise. The gun was the same gun Gonzales used to shoot Chavez’s son. Gonzales was charged with attempted murder and, at his trial, testified that he had been drinking heavily before the shooting and did not remember it. He was convicted and appealed, arguing that the trial court erred by not submitting a charge on attempted involuntary manslaughter.

Rule of Law

Issue

Holding and Reasoning (Douglas, J.)

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