CRJ111-3 - Brownv.State 955S.W.2d276(Tex.1997) FACTS.

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Brown v. State 955 S.W.2d 276 (Tex. 1997) FACTS. July 17, 1992 Alfred Brown was outside with friends in the parkinglot of an apartmnt complex. He got ahold of a .25 caliber handgun to protect himself because one week prior he was beaten by James McLean and some other people. With an injury to his right hand, he held the gun in his left, but when Coleman bumped him from behind he accidentally fired and fatally wounded Joseph Caraballo. Caraballo was an associate of Brown rather than an enemy. ISSUE. Did Alfred Brown accidentally shoot and kill Joseph Caraballo? DECISION. Affirmed REASONING. The court’s opinion was that Browns conduct was completely voluntary. Engaging in that kind of conduct can only result in the death of another. Whether he meant to shoot his friend is not the issue. Brown voluntarily engaged in the conduct therefore the court’s denial of the appellants request should stand. Commonwealth v. Pestinakas
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CRJ111-3 - Brownv.State 955S.W.2d276(Tex.1997) FACTS.

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