Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wippert v. State

April 29, 1998

STEPHEN SHANE WIPPERT, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE



On Appeal from the 204th Judicial District Court, Dallas County, Texas, Trial Court Cause Nos. F94-29284-VQ, F94-29254-TQ

Before Justices Morris, James, and BridgesOpinion by Justice Morris

The opinion of the court was delivered by: Joseph B. Morris, Justice

Affirmed as Modified and Opinion Filed April 29, 1998

In this case, Stephen Shane Wippert appeals his convictions for aggravated assault and murder. In two points of error, appellant complains the trial court erred in charging the jury on the laws of aggravated assault and murder before giving instructions on the law of self-defense. Specifically, appellant claims the law of self-defense should have been set forth before the murder and aggravated assault application paragraphs. Failure to instruct on the law of self-defense first, appellant argues, resulted in fundamental error because the jury may have considered the order in which the instructions were given as misplacing the burden of proof, thereby depriving appellant of a fair and impartial trial. The State raises a cross-point on appeal, asking us to reform the judgments to reflect that deadly weapon findings were made.

In reviewing a jury charge, we consider the charge as a whole and do not limit the review to parts of the charge considered in isolation. See Cotton v. State, 742 S.W.2d 871, 872 (Tex. App.--San Antonio 1987, pet. ref'd) (citing Selvage v. State, 680 S.W.2d 17, 20 (Tex. Crim. App. 1984)). Further, we presume the jury considered the entire charge and followed the court's instructions. See ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.