(DOWNLOAD) "Schmidt v. State" by Supreme Court of Appeals of West Virginia # eBook PDF Kindle ePub Free
eBook details
- Title: Schmidt v. State
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 11, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
A jury convicted appellant of retaliation by threat (a third-degree felony) and sentenced him to seven years confinement and a $7,000 fine. The indictment alleged that appellant threatened to harm the victim "by an unlawful act, to-wit: striking" the victim in retaliation for or on account of her services as a prospective witness. The evidence shows that appellant struck the victim during a prolonged attack in which he "yelled at, cursed, grabbed, pushed, kicked, dragged, and punched the victim." See Schmidt v. State, 232 S.W.3d 66, 67 (Tex.Cr.App. 2007) (Schmidt I). The State claimed at trial that appellant attacked the victim, at least in part, because the victim had given the police a statement that appellant thought might result in him going to prison. See id. ("On the morning of the alleged offense, Appellant was angry at the victim because she had given a statement to the police about something that had happened in Dallas. He yelled and cursed at the victim and screamed, "You stupid b . Im probably going to have to do time because of you!"). The defense claimed that appellant attacked the victim solely because of personal issues in their on-again, off-again, four-year interpersonal relationship unrelated to the victims statement to the police.