KHOU says they have the women in custody.
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Originally posted by TildenHunter View PostGood to hear. That didn't take too long. Said she was waiting in the parking lot for an hour for him. I would guess that would make her a death penalty candidate since it was premeditated.
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A death penalty has to be murder in conjunction with some other specific crime listed in that law such as killing a police officer or firefighter who is acting in the line of duty, during a robbery, during a sexual assault, kidnapping, arson, etc.
Basically you have to be intending to commit another certain felony (listed in 19.03 of the Penal Code) and kill someone in the process, then it is Capital Murder.
Now if this woman was robbing him like taking his wallet or was in the process of trying to kidnap him, it could be Capital Murder. Simply lying in wait for your victim is not.
I had a district attorney tell me one time, Texas kind of has a premeditated murder.... it is one second. Texas law says it is Murder if you "intentionally or knowingly" take a person's life and that "intent" or "knowledge" can be one second before you did it.
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Originally posted by tvc184 View PostThere is no such thing as premeditated murder in Texas.
A death penalty has to be murder in conjunction with some other specific crime listed in that law such as killing a police officer or firefighter who is acting in the line of duty, during a robbery, during a sexual assault, kidnapping, arson, etc.
Basically you have to be intending to commit another certain felony (listed in 19.03 of the Penal Code) and kill someone in the process, then it is Capital Murder.
Now if this woman was robbing him like taking his wallet or was in the process of trying to kidnap him, it could be Capital Murder. Simply lying in wait for your victim is not.
I had a district attorney tell me one time, Texas kind of has a premeditated murder.... it is one second. Texas law says it is Murder if you "intentionally or knowingly" take a person's life and that "intent" or "knowledge" can be one second before you did it.
Good to know. I'm no attorney or law enforcement so I appreciate you spelling that out. Should be interesting to hear more details as they come out.
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Originally posted by TildenHunter View PostGood to know. I'm no attorney or law enforcement so I appreciate you spelling that out. Should be interesting to hear more details as they come out.
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I seem to remember skyjacking or taking over an aircraft also carried the death penalty back then but my memory is fading with age...........
What you heard under "premeditated" murder is probably not completely wrong and is just a hand me down saying from the old law. When I was in high school you would have been correct. The laws change and people don't always keep up.
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