Miers v. State
Texas Court of Criminal Appeals
251 S.W.2d 404 (1952)
Robert Miers (defendant) and Thorbus, an accomplice, decided to rob a gas station at gunpoint. Four people were on the property at the time, which included a store and residence in addition to the filling station, and Miers and Thorbus marched the victims through the premises at gunpoint while looking for money. During this time, two of the victims tried to overpower the robbers. As Miers fought with one robbery victim, his gun went off, shooting and killing the man. Miers claimed that the gun went off accidentally during the scuffle and that he did not shoot the victim. Miers was tried and convicted of felony murder and appealed, arguing that the court erred by rejecting his proposed jury instruction that the jury could acquit him if it had reasonable doubt that he fired the gun.
Rule of Law
Holding and Reasoning (Morrison, J.)
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