Mayfield v. State , 1985 Tex. App. LEXIS 6923 ( 1985 )


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  • JACK SMITH, Justice,

    dissenting.

    I respectfully dissent. When the court charged the jury on the law of parties, this was sufficient for the jury to determine whether the appellant was a party to the offense. The law of parties, when applied to the instant factual situation, afforded the jury an opportunity to decide whether the appellant was a party or whether his co-actor had acted on a sudden impulse, and appellant was merely a victim of circumstances which he could not control. Any error in refusing the requested charge was not so harmful as to have denied appellant a fair and impartial trial. See Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1985).

    I would hold that the trial court did not err in refusing the requested instruction, and uphold the conviction.

Document Info

Docket Number: No. 01-84-0100-CR

Citation Numbers: 690 S.W.2d 682, 1985 Tex. App. LEXIS 6923

Judges: Bass, Smith

Filed Date: 5/2/1985

Precedential Status: Precedential

Modified Date: 11/14/2024