[Download] "Schroeder v. State" by In the Court of Criminal Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Schroeder v. State
- Author : In the Court of Criminal Appeals of Texas
- Release Date : January 03, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
This case presents two issues. First, in a prosecution for murder, is a defendants inability to remember engaging in the charged conduct alone sufficient evidence of recklessness to raise the lesser-included offense of manslaughter? Second, did the trial court in this case err in failing to charge the jury on the lesser-included offense of manslaughter? We hold that because the culpable mental states for both murder (intent) and manslaughter (recklessness) relate to the result of the conduct - the causing of the death - evidence that a defendant does not remember engaging in that conduct does not raise the lesser-included offense. Furthermore, based on the evidence presented at trial, we hold that the trial court did not err in failing to instruct the jury on a manslaughter charge.