TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Lesser Included
Go
New
Find
Notify
Tools
Reply
  
Lesser Included Login/Join 
Member
posted
Just had a jury return verdict of guilty on aggravated assault and lesser included of misdemeanor assault. Which verdict should prevail and what's the case law?
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Maybe the verdicts conflict and cannot be accepted until the conflict is removed. If the jury has already been discharged then the verdict is not necessarily invalid, but probably will only support a judgment on the lesser offense. See Moranza, 913 S.W.2d at 724; Sauceda, 739 S.W.2d at 376.

I am assuming the conflict is that the defendant caused serious bodily injury and (impliedly) only caused bodily injury or used a deadly weapon and (impliedly) did not use a deadly weapon.
 
Posts: 2389 | Registered: February 07, 2001Reply With QuoteReport This Post
Member
posted Hide Post
The judge sent them back and made them fix it. Guilty of Murder and Aggravated Assault.
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Lesser Included

© TDCAA, 2001. All Rights Reserved.