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State v. Ely

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eBook details

  • Title: State v. Ely
  • Author : Texas Fourth District Court of Appeals
  • Release Date : January 05, 2001
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

This is a consolidated appeal from the defendants convictions in the Criminal Courts of Anderson County and Knox County, respectively. Defendant Ely was originally charged with one count of premeditated murder and one count of felony murder; defendant Bowers was charged with two counts of felony murder. In Elys case, the State nolle prossed the premeditated murder count upon the conclusion of the proof, and the trial court refused to instruct any lesser-included offenses to felony murder. He was convicted as charged of felony murder and sentenced to life imprisonment. In defendant Bowerss case, the trial court dismissed the charges of felony murder at the conclusion of the proof and, over his objection, instructed the jury on the lesser offenses of second degree murder, reckless homicide, and criminally negligent homicide. Bowers was convicted of second degree murder.


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