Trejo v. State

No. A14-88-00508-CR, 1989 WL 34453 (1989)

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Trejo v. State

Texas Court of Appeals
No. A14-88-00508-CR, 1989 WL 34453 (1989)

KL

Facts

George Duran Trejo (defendant), his brother, and two other men were driving home after spending the evening at a couple of nightclubs. While they were stopped at a traffic sign, a man approached their truck and asked for a marijuana cigarette. He became angry after Trejo and the others told him they didn’t have any and began cursing at them. Trejo’s brother got out of the truck, yelled at the man, and began to shove him. Trejo got out to assist his brother, pulling a baseball bat out of the car, which he used to hit the man over the head. The man fell to his knees, and Trejo’s brother stabbed him. The man died from the stab wound. Trejo was tried and convicted of murder. He appealed, arguing that his brother inflicted the fatal wound and he should not be held liable for the man’s death.

Rule of Law

Issue

Holding and Reasoning (Draughn, J.)

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