1.16.2007
They Didn't Even Teach Country Music In Law School
From a recent opinion in a dissent from the Waco Court of Appeals discussing the meaning of "reckless" discharge of a firearm:
In the context of discharging a firearm, what does it mean to shoot "at" something? According to Bubba, when he shot at the juke box and hit it, it was not the reckless discharge of a gun because, in Bubba's words, "reckless hell I hit just where I was aimin'." MARK CHESNUTT, Bubba Shot the Jukebox, on LONGNECKS AND SHORT STORIES (Universal 1992). But we know that just because you hit what you are aiming at does not make the discharge any less reckless, or any more lawful. Thus we know that Bubba's definition is too narrow to be used in connection with defining "at" for purposes of the Penal Code provision.