McGann v. State
Texas Court of Appeals
30 S.W.3d 540 (2000)
- Written by Kelli Lanski, JD
Facts
Brian Boyd McGann (defendant) asked his friend John Carlson if Carlson knew someone who could kill McGann’s wife. Carlson was a police intelligence source and told police about McGann’s request. The police set up an undercover operation in which McGann met with an officer posing as a hitman whom McGann believed had agreed to kill his wife in exchange for $10,000, with half paid upfront and half paid after the murder. During a planning meeting, McGann provided the hitman with his wife’s schedule and identifying information about her. McGann also paid $1,600 as a partial down payment. McGann told the hitman that he wanted to proceed with the plan and also arrange the murder of his wife’s parents if the first murder succeeded. McGann was arrested after the meeting and charged with solicitation of capital murder. He was found guilty and appealed, arguing that the trial court erred by denying his request for jury instructions on the affirmative defense of renunciation. McGann claimed that he renounced the crime by paying only part of the required $5,000 deposit during his meeting with the purported hitman.
Rule of Law
Issue
Holding and Reasoning (Gardner, J.)
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