Hughes v. State

719 S.W.2d 560 (1986)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Two passersby testified for P that they saw a Thunderbird and a Chevrolet pickup parked along the roadside. In the driver's seat of the pickup was the deceased, Rodney Johnson, and standing beside the driver's door talking to him was Joan Goodwin. D was observed leaning on the hood of the truck. They looked away, but when they looked back, they observed D withdrawing his upper body from the driver's window. Smoke was seen coming from the cab of the pickup, and one saw a pistol in D's hand. D and Goodwin fled in the Thunderbird. When the witnesses reached Johnson's pickup, they found him on the floorboard, shot to death. Also found on the front seat was a long barrel.22 pistol, loaded but unfired. Goodwin took the stand on behalf of D. She testified that Johnson had long been her friend, but that they had never been romantically involved. Nevertheless, Johnson was upset that Goodwin was 'seeing' appellant and asserted to her on one occasion, 'If I have to kill you to get to him I will do that.' D and Goodwin had been to a party and when Johnson arrived at the party D rose to shake his hand, but Johnson cursed him and struck at him, precipitating a scuffle. D drew a pistol but did not actually point it at Johnson, merely stating that this time he had the gun, and thus the upper hand. Death threats were exchanged, but the altercation ended when Johnson was ordered out of the house. Goodwin and D were getting a ride to when Johnson passed them in his pickup. Johnson turned around and began to follow them. The driver pulled over, and Johnson pulled up about two car lengths behind, and Goodwin and D got out of the Thunderbird to talk to him, while the driver stayed in the car. Goodwin and D had been drinking throughout the day. Johnson wanted to talk to Goodwin only, and he grabbed her. Goodwin testified that Johnson said, 'I told you if I had to kill you to get to him I would do it.' Then she discovered a gun in his hand and D then turned around and shot Johnson. The court instructed on self-defense of others. The court instructed that D was required to have made a reasonable retreat before using deadly force. D was convicted of voluntary manslaughter. Relying on Crawford v. State the court of appeals held there is no duty to retreat before an accused may use deadly force in defense of a third party and reversed. P appealed.