theory of self defense (Texas) · Go Syfert
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theory of self defense in Texas

7 Texas opinions name it 2 courts 1952–2016 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Miller v. Stategreen
texapp · 2005 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008Miller v. State, 177 S.W.3d 177, 183 (Tex. App.–Houston [1 st Dist. 2005, pet. ref’d).

2008Miller v. State, 177 S.W.3d 177, 183 (Tex. App.–Houston [1st Dist. 2005, pet. ref’d).

22
Lolmaugh v. Stategreen
texcrimapp · 1974 · cited in 1 Texas opinions naming this issue, 1982–1982
1 sentence

1982Lolmaugh v. State, 514 S.W.2d 758, 759 (Tex.Cr.App.1974).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Vasquez v. State green
texcrimapp · 1992
1 sentence

2016On October 7, 2015 the parties were ordered to brief the following issues: A. Whether the standard for harm set out in Vasquez v. State, 830 S.W.2d 948 (Tex. Crim.

12016–2016
Mendoza v. State green
texapp · 2011
1 sentence

2015Id. at 283 .

12015–2015
Yohey v. State green
texapp · 1990
1 sentence

1994Id. at 236 .

11994–1994
Rodriquez v. State neutral
texcrimapp · 1913
2 sentences

1952It was a case of real danger." In Rodriquez v. State, 71 Tex.Cr.R. 108 , 158 S.W. 537 , where the defendant testified that deceased had chased him some distance with a knife, we said that the issue of apparent danger was not raised, but, instead, the danger relied upon by the appellant was immediate, actual and pressing.

1952It was a case of real danger." In Rodriquez v. State, 71 Tex.Cr.R. 108 , 158 S.W. 537 , where the defendant testified that deceased had chased him some distance with a knife, we said that the issue of apparent danger was not raised, but, instead, the danger relied upon by the appellant was immediate, actual and pressing.

11952–1952
Pinson v. State neutral
texcrimapp · 1906
2 sentences

1952P.C., Sec. 1927, p. 1077, we find the following: "It is not error to restrict the right of self defense to actual danger if the defensive theory is that deceased had his gun or pistol cocked and presented in a firing position, since this, if true, would be an attack. * * * "An advance to close quarters with a drawn knife is an attack, and if this is the defensive theory, it is not error to restrict the right of self defense to the theory that deceased had made an attack instead of charging on the theory that he was about to attack. * * * "It is not error to restrict the right of self defense t

1952P.C., Sec. 1927, p. 1077, we find the following: "It is not error to restrict the right of self defense to actual danger if the defensive theory is that deceased had his gun or pistol cocked and presented in a firing position, since this, if true, would be an attack. * * * "An advance to close quarters with a drawn knife is an attack, and if this is the defensive theory, it is not error to restrict the right of self defense to the theory that deceased had made an attack instead of charging on the theory that he was about to attack. * * * "It is not error to restrict the right of self defense t

11952–1952

Where else courts name it

IL 11 (1998–2026) TN 9 (1971–2025) MS 8 (1980–2024) TX 7 (1952–2016) PA 5 (1972–2025) OH 5 (2005–2025) CA 4 (2018–2025) FL 4 (1996–2025) IN 3 (1989–2013) NC 2 (2004–2014) NV 2 (2014–2018) VA 2 (1963–2016) AL 2 (1986–1993) NM 2 (2011–2022) GA 2 (1974–1989) HI 2 (1918–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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