Quoted:
Quoted: I was on a jury a few years ago.....
It was a Capital Murder trial.
The defendant did not shoot the victim, but we were tasked with a conviction of Capital Murder on the decision point that the actor carried a firearm in the robbery so that he could kill the victims if need be.
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WTF???? We can be CONVICTED of something, when it is totally CLEAR that we did NOT do it? You convict a guy of Capital Murder, just because he had a gun in his possession?
Whoa. I guess I would need to understand the whole story, but that sounds like MAJOR bullshit to me. I would NEVER agree to that on a jury, based on the information above. If the guy committed a robbery, and possessed a deadly weapon in that commission, I always that that was aggravated robbery. How in the HELL do you get murder, when he didnt ever shoot the gun, or kill the victim of the robbery? I dont even see how you could get attempted murder out of that!
Something stinks.
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Capital Murder is defined as murder of a peace officer, murder done for hire I believe and murder done in the commission of a felony.
This guy was part of a robbery team. This guy jammed his .380 against the victim's head so hard that in the body photos we were show there is a .38 caliber dimple on the guys forehead. The idiot did this and jammed up his pistol, whereupon he called his partner over who shot the victim and killed him. Had his gun not jammed he would have certainly pulled the trigger.
The point of law was did he carry the gun in the commission of the felony with intent to commit murder, which, and all you barristers chime in, IS CAPITAL MURDER by Texas Penal Code
Edited to add: TRUST ME, YOU'RE GLAD THIS SCARY MOTHERFUCKER IS BEHIND BARS FOR ANOTHER 20 plus years! He showed no remorse, it was like looking into the eyes of an animal to look at him.