J. H. Flannery v. State Texas

Per Curiam We granted petition for discretionary review from the court of appeals' affirmance1 of a conviction for voluntary manslaughter in which the jury assessed punishment at 20 years confinement and a $7,500 fine. The indictment alleged an intentional murder. At issue is testimony by a police officer concerning statements made by appellant's daughter, Paulette Reese. To clarify the issue, a brief review of the facts is in order. On December 19, 1979, Paulette Reese informed her father she had been raped by James Matlock. Appellant and his son-in-law drove to the accused rapist's house. By using the possibility of a job in the offing as a pretext, appellant convinced Matlock to take a ride in his truck. They all drove to a vacant lot, where appellant accused Matlock of raping his daughter; Matlock denied this; some kind of scuffle ensued; appellant shot Matlock in the arm; Matlock turned and ran; appellant then shot him in the back. This rendition was uncontested at trial.