Alfred Brown, the defendant, was convicted in the 268th Judicial District Court, Fort Bend County, of murder. The defendant appealed. The Houston Court of Appeals reversed and remanded. State petitioned for discretionary review. The Court of Criminal Appeals, Overstreet, J., held that the defendant was entitled to jury charge on voluntariness of his acts. Decision of Court of Appeals affirmed. OVERSTREET, J. 

On the evening of July 17, 1992, Alfred Brown (appellant) was drinking beer and talking with friends in the parking lot of an apartment complex. Brown was involved in an altercation with James McLean, an individual with whom he had an encounter the week before in which McLean and some other individuals had beaten Brown. Brown testified that following the altercation on the day in question, he obtained a .25-caliber handgun in order to protect himself and his friends from McLean and his associates, who were known to possess and discharge firearms in the vicinity of the apartment complex. 

Brown, who is right-handed, testified that he held the handgun in his left hand because of a debilitating injury to his right hand. Brown testified that during the course of the events in question, the handgun accidentally fired when he was bumped from behind by another person, Coleman, while raising the handgun.

Coleman testified that he bumped Brown and the handgun fired. Brown testified that the shot that fatally wounded the victim, Joseph Caraballo, an acquaintance and associate of Brown, was fired accidentally. The victim was not one of the persons Brown was at odds with, but a person aligned with Brown. 

Appellant testified at trial that the handgun in his possession accidentally discharged after he was bumped from behind by Ryan Coleman. Coleman also testified at trial that his bumping appellant precipitated the discharge of  the gun and that idiosyncrasies of the handgun may have also allowed its discharge. 

QUESTIONS 

1. State the facts relevant to deciding whether Aaron Brown “voluntarily” shot Joseph Caraballo. 

2. State the majority’s definition of “voluntary act.” 

3. Summarize the majority’s reasons for holding that the trial judge was required to instruct the jury on voluntary act. 

4. Summarize the dissent’s reasons for dissenting. 

5. Which decision do you agree with? Back up your answer.