Garnet v. State

1 Tex. Ct. App. 605

 

RULE:

A court's failure to instruct a jury of the controlling law in a particular jurisdiction or area of law is grounds for a reversal of a conviction or of a jury's finding.

FACTS:

Plaintiff was charged with assault with intent to murder, and the case went to trial. At trial, the court failed to instruct the jury of the controlling law in the jurisdiction, and the jury convicted plaintiff of the crime for which he was charged. The plaintiff appealed his conviction on the grounds that the lower court should have instructed the jury on the controlling law in the jurisdiction.

ISSUE:

Was the lower court's failure to instruct the jury of the controlling law grounds for a reversal of plaintiff's conviction.

ANSWER:

Yes.

CONCLUSION:

In reversing the lower court's ruling, the Court found that the crimes for which the plaintiff was charged and of which plaintiff was convicted was improper, because plaintiff lacked the requisite intent.

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