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Hubbard V. State

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eBook details

  • Title: Hubbard V. State
  • Author : In the Court of Appeals Sixth Appellate District of Texas at Texarkana
  • Release Date : January 02, 2004
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Chris Hubbard awoke in his prison cell to find that his cellmate, Ronder Townsel, had pulled down Hubbard's boxer shorts, climbed on Hubbard's back, pressed his forearm to the back of Hubbard's neck to hold him down, and begun trying to rape him. During the ensuing struggle, Townsel was injured worse than Hubbard. In fact, Townsel's resulting broken ribs and sternum caused infection and ultimately death.*fn1 Charged with the capital murder of Townsel, Hubbard was denied a requested jury instruction on the issue of necessity, was convicted of the lesser-included offense of manslaughter, had his punishment enhanced, and was sentenced to life imprisonment and a $10,000.00 fine. On appeal, Hubbard asserts the trial court erred in refusing to give his requested jury instruction on necessity and in allowing inadmissible testimony. We reverse on the necessity issue and remand to the trial court for a new trial.


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