Court of Criminal Appeals of Texas

In a case in which defendant shot and killed his older brother, claimed self-defense, but was convicted of murder, a court of appeals decision reversing the conviction is vacated and remanded where: 1) the court of appeals mistakenly concluded that defendant was entitled to a jury instruction on "prior verbal threats"; and 2) the trial court abused its discretion in excluding defendant's response to a 911 operator's question, but the error was non-constitutional.

Appellate Information

• Decided 12/05/2007
• Published 12/05/2007

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Eddie Northcutt, Sulphur Springs, for Appellant., Lisa C. McMinn, Asst. State Atty., Jeffrey L. Van Horn, State's Atty., Austin, for State.