Salinas v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that manslaughter charge was needed where defendant testified that gun that he was holding accidentally went off and that he did not intend to shoot anyone
• holding that a defendant who exhibits a loaded, cocked pistol is presumed to be aware of the risk, regardless of whether he is aware of actually shooting the deceased
• presuming “appellant was aware of the risk of injury or death by having a loaded, cocked pistol and exhibiting it”
• discharge of pistol with no intent to kill merited charge on involuntary manslaughter
• in context of lesser-included charge issue court found that the Appellant was aware of the risk of injury or death by having a loaded, cocked pistol and exhibiting it, although at the time it discharged the Appellant was not specifically aware of shooting the deceased

Source: CourtListener parenthetical corpus (CC0).

Cited by

45 cases in this archive cite this case; the 20 most cited are listed.

• Adanandus v. State
  Court of Criminal Appeals of Texas· 1993-06-16· cited 505×
• Thomas v. State
  Court of Criminal Appeals of Texas· 1985-10-09· cited 283×
• Lugo v. State
  Court of Criminal Appeals of Texas· 1984-03-14· cited 252×
• Taylor v. State
  Court of Appeals of Texas· 1997-06-12· cited 96×
• Rogers v. State
  Court of Criminal Appeals of Texas· 1985-03-27· cited 74×
• Huggins v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 1990-11-21· cited 55×
• Freeman v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 2007-05-24· cited 35×
• Yeager v. State
  Court of Appeals of Texas· 1987-10-07· cited 31×
• Pimentel v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1986-05-21· cited 28×
• Cardona v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 1998-07-16· cited 26×
• Love v. State
  Court of Appeals of Texas· 1987-04-29· cited 23×
• In re E.U.M.
  Court of Appeals of Texas· 2003-04-24· cited 17×
• Keith v. State
  Court of Appeals of Texas· 1985-05-23· cited 16×
• Gantz v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1984-04-11· cited 16×
• Drousche v. State
  Court of Appeals of Texas· 1983-10-05· cited 15×
• Buckner v. State
  Court of Appeals of Texas· 1986-10-15· cited 15×
• Hernandez v. State
  Tex. App. Ct., 13th Dist.· 1987-12-23· cited 14×
• Belachheb v. State
  Court of Appeals of Texas· 1985-11-14· cited 14×
• Graham v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 1997-07-23· cited 12×
• Rodgers v. State
  Court of Appeals of Texas· 1987-12-30· cited 10×