[DOWNLOAD] "Carlton Lynch v. State Texas" by Court of Criminal Appeals of Texas No. 467-82 # Book PDF Kindle ePub Free
eBook details
- Title: Carlton Lynch v. State Texas
- Author : Court of Criminal Appeals of Texas No. 467-82
- Release Date : January 12, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Wendell A. ODOM, Judge Opinion ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW Appellant was convicted of unauthorized use of a motor vehicle, V.T.C.A., Penal Code Sec. 31.07. Punishment, enhanced under V.T.C.A., Penal Code Sec. 12.42(d), is life. Appellant's petition to review the Court of Appeals' decision was granted so that we could consider whether it was error to refuse appellant's requested charge on the defense of mistake of fact. V.T.C.A., Penal Code Sec. 8.02. Appellant testified in his own behalf, telling the jury in substance that an acquaintance had given him the keys to the van in question so he could borrow the van to pick up his motorcycle from a repair shop. The question is whether the defensive evidence raised the issue of mistake of fact, because if it did appellant was entitled to an affirmative submission of the issue. Montgomery v. State, 588 S.W.2d 950; London v. State, 547 S.W.2d 27.
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