Practice Test 1 - Junior Jones should be charged with 1 st...

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Junior Jones should be charged with 1 st degree murder of Ted, 1 st degree murder of Tammy Lynn Rogers, conspiracy to make and distribute meth and making and distributing meth. TPC 19.02 (b) (2) defines 1 st degree murder as intending to cause serious bodily injury, commits an act clearly dangerous to human life that causes the death of the individual. Here, Juniors hitting Ted over and over with a baseball bat was an act clearly dangerous to human life that caused the death of Ted. In his defense, Junior will most likely raise the defense of self defense. TPC 9.31 states that a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other’s use or attempted use of unlawful force. Furthermore, TPC 9.32 states that a person is justified in using deadly force if he meets the requirements to use force in 9.31 and a reasonable person in the actors situation would not have retreated and when and to the degree he reasonably believes the deadly force is immediately necessary to protect himself against the others use or attempted use of unlawful deadly force. In Texas there is a presumption that the deadly force is immediately necessary and reasonable. Because Junior shares many of the same symptoms as a battered woman, as stated by the expert testimony, it seems that he has a valid defense of self-defense and that he will not be convicted of 1 st degree murder with respect to Ted. TPC 19.02 (b)(3) also defines 1 st degree murder as committing or attempts to commit a felony other than manslaughter and in the course of and in furtherance of the commission he commits an act clearly dangerous to human life that causes the death of the individual. Here, the felony of making and distributing meth is an ongoing felony and in the course of that felony, he created the meth knowing that that particular batch was too strong. That meth was the cause in fact of Tammy’s death
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This test prep was uploaded on 04/19/2008 for the course LAW 434 taught by Professor Graglia during the Fall '97 term at University of Texas.

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Practice Test 1 - Junior Jones should be charged with 1 st...

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