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• Title: Jock Demitri Richardson v. State Texas
• Author : First District, Houston No. 01-91-00521-CR Court of Appeals of Texas
• Release Date : January 20, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Opinion ON STATE'S MOTION FOR REHEARING The State contends that a threat can be inferred from the fact that appellant shot
the complainant a second time. The State argues that this suggests the complainant was still alive after the first shot, and
if alive, he would certainly have felt threatened and placed in fear as a result of having been shot. The evidence did not show which shot caused the complainant's death, but it is undisputed that appellant fired the first
shot into the complainant's head at point-blank range. The State's argument requires us to assume, without evidence, that
the victim survived the first shot, and in addition, was still conscious enough to perceive the threat. The law does not allow
us to stack one inference upon another in order to find the evidence sufficient. Threats can be communicated by conduct, but
only if the victim perceives the threatening conduct. We find no evidence that the victim did so.

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