Shooting a Man In the Head from Behind Case In Texas
In Richardson v. State, 834 S.W.2d 535 (Tex. App.--Houston [1st Dist.] 1992, pet. ref'd), the evidence showed the defendant shot the victim in the head from behind and the victim was not threatened or placed in fear of injury or death. See 834 S.W.2d at 537.
The evidence, when measured against the submitted charge authorizing conviction only if the victim was placed in fear, was insufficient to support the conviction. See id. at 537 (citing Boozer v. State, 717 S.W.2d 608, 610-11 (Tex. Crim. App. 1984), overruled by Malik, 953 S.W.2d at 239-40)).
In Richardson and Taylor, the complainants did not suffer the threats or fear alleged by the indictments and the evidence did not comport with the indictments.