Re: Hit and Run leads to shooting
Posted: Thu Feb 13, 2014 8:28 am
Keith, see my post on the first page of tnis thread. There is "criminal attempt" that can be applied to other offenses, like murder.Keith B wrote:They may be attempting to murder the person. However, what is the penal code to charge them with for 'attempted' murder?jbarn wrote:You said shooting a persons eye out would not be attempted murder. Do you disagree it COULD be attempted murder?WildBill wrote:That is why I said "If it were the law, you would have to prove that the person intended to kill the person."jbarn wrote:Actually to prove murder you do not have to prove intent to kill.WildBill wrote:No! At least not in Texas.Oldgringo wrote:If the person is dead, it ain't attempted. If you shot the person's eye out and he ain't dead, wouldn't that be attempted murder?WildBill wrote:Beat me to it!Keith B wrote:Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.
If it were the law, you would have to prove that the person intended to kill the person.
In this case, the suspect shot at the car, not at a particular person.
It would be hard to prove that the suspect aimed and shot at any particular person with the intent to murder [kill] them.
IANAL, but that is my opinion.
Texas Penal Code
Sec. 19.02. MURDER. (a) In this section:...
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.