blank'/> Liberally Lean From The Land Of Dairy Queen: "And" vs. "Or"

1.13.2006

"And" vs. "Or"

Remember Harvey Joe Hanson who was sentenced to 75 years out of Wise County for Attempted Capital Murder? Well, the case has been reversed. Here's the reason. This jury instruction: Now if you find from the evidence beyond a reasonable doubt that on or about the 9th day of September, 2003, in Wise County, Texas, [appellant], did then and there with specific intent to commit the offense of capital murder of Penney Aslinger, do an act, to-wit: entered the residence of Penney Aslinger without her effective consent, or threatened her or cut her with a deadly weapon, to wit: a knife . . . which amounted to more than mere preparation that tended but failed to effect the commission of the offense intended, then you will find [appellant] guilty of attempted capital murder as charged in the indictment. Should have read: Now if you find from the evidence beyond a reasonable doubt that on or about the 9th day of September, 2003, in Wise County, Texas, [appellant], did then and there with specific intent to commit the offense of capital murder of Penney Aslinger, do an act, to-wit: entered the residence of Penney Aslinger without her effective consent, and threatened her or cut her with a deadly weapon, to wit: a knife . . . which amounted to more than mere preparation that tended but failed to effect the commission of the offense intended, then you will find [appellant] guilty of attempted capital murder as charged in the indictment. It's a crazy world. (Court of appeals opinion is here)