Smith v. State
Texas Court of Criminal Appeals
225 S.W.2d 846 (1949)
- Written by Kelli Lanski, JD
Facts
Smith (defendant) and a friend decided to rob a bus. They boarded a city bus one night, and Smith’s friend demanded that the driver, Leslie Gibbins, hand over his money. Smith pointed a gun at Gibbins, and Gibbins complied. Shortly after Gibbins surrendered his money, Smith shot him and ran away with his friend. Gibbins died, and Smith was charged with felony murder. Smith confessed to shooting Gibbins and testified that he did so accidentally after his friend bumped his arm, setting off the gun. Smith asked the judge to instruct the jury that he could be acquitted if it found that the gun had been accidentally discharged. The judge refused and instructed the jury that Smith could be punished for the felony he actually committed even if he did it by mistake while in the commission of another felony. Smith was found guilty and appealed.
Rule of Law
Issue
Holding and Reasoning (Graves, J.)
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