State Tennessee v. James Leon Bullington - Supreme Court of Texas

State Tennessee v. James Leon Bullington

By Supreme Court of Texas

  • Release Date: 1976-01-26
  • Genre: Law
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State Tennessee v. James Leon Bullington Supreme Court of Texas Book Review Score: ★★★★★ 5/5 stars

The respondent was found guilty of murder in the first degree for the killing of Orlin Alexander and was sentenced to the penitentiary for a period of 21 years. He appealed to the Court of Criminal Appeals and that Court, in a 2 to 1 decision, found that the evidence preponderated in favor of the respondent upon the issues of premeditation and voluntary intoxication and, accordingly, reversed his conviction of the offense of first degree murder; and, subject to the approval of the State, affirmed a conviction of murder in the second degree with punishment reduced to 10 years in the penitentiary, a procedure authorized by this Court in Forsha v. State, 183 Tenn. 604, 194 S.W.2d 463 (1946). We granted the petition for certiorari filed by the State seeking to review the action of the Court of Criminal Appeals. The issue is whether or not the evidence preponderates against the finding of the jury that the respondent committed the killing with premeditation and deliberation.

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