Smith v. State
1949 Tex. Crim. App. LEXIS 1383, 225 S.W.2d 846, 154 Tex. Crim. 234 (1949)
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Rule of Law:
Under the felony-murder doctrine, a person who kills another by mistake or accident during the commission or attempted commission of a felony is guilty of murder. The intent to commit the underlying felony transfers to the act of killing, precluding an acquittal based on a claim of accident.
Facts:
- Appellant and his companion, Blackmon, planned to commit an armed robbery of a bus driver, Leslie D. Gibbins.
- Appellant armed himself with a pistol to carry out the robbery.
- They boarded Gibbins' bus, where Blackmon announced, "this is a stick up."
- Appellant pointed the pistol at Gibbins as the driver handed over some money.
- While Gibbins was handling his money changer, appellant's pistol discharged, firing a bullet that struck and killed Gibbins.
- In his testimony, appellant claimed that his companion, Blackmon, bumped his arm, causing the pistol to discharge accidentally.
Procedural Posture:
- Appellant was charged with murder with malice in a state trial court.
- At trial, appellant requested a jury instruction stating he was entitled to an acquittal if the jury found the shooting was accidental.
- The trial court refused the requested instruction and instead instructed the jury on the law as stated in Art. 42 of the Penal Code.
- The jury convicted appellant of murder and sentenced him to death.
- Appellant appealed the conviction to the Texas Court of Criminal Appeals, arguing the trial court erred in its jury instructions.
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Issue:
Does a defendant's claim that a killing was accidental entitle them to an acquittal for murder if the killing occurred during the commission of an intentional felony, such as armed robbery?
Opinions:
Majority - Graves, Judge.
No. A claim that a killing was accidental does not entitle a defendant to an acquittal for murder if the killing occurred during the commission of an intentional felony. The court held that Texas Penal Code Art. 42, which codifies the felony-murder rule, directly applies. The statute dictates that if a person intends to commit a felony and accidentally commits another act that would also be a felony, they shall be punished for the felony actually committed. Since the appellant admitted he intended to commit robbery and the killing occurred during the execution of that felony, the accidental nature of the discharge is not a defense to murder. The intent to rob transfers to the act of killing, making it an unlawful killing. Therefore, the trial court was correct to refuse the appellant's requested jury instruction for acquittal based on an accidental shooting.
Analysis:
This case affirms the strict application of the felony-murder rule in Texas, as codified in Art. 42 of the Penal Code. It clarifies that accident is not a defense to a murder charge when the death occurs during the perpetration of a dangerous felony. The decision reinforces the principle that the mens rea (criminal intent) for the underlying felony substitutes for the specific intent to kill. This precedent significantly limits the defenses available to individuals who cause a death during a felony, holding them strictly liable for the fatal consequences of their criminal enterprise, regardless of whether the killing itself was intentional.
