Brad comes home early from work.He discovers his wife Patricia in bed having sex with Ted,the pizza delivery boy.Enraged,Brad takes a pistol from the nightstand drawer and chases Ted down the street,shooting at him.The third shot hits Ted in the back.He dies immediately.Under Texas law,Brad has committed:

Question

Quizplus · Accepted Answer

Under Texas law, sudden passion from adequate cause is a defense to murder. Brad's discovery of his wife's infidelity and his subsequent rage can be considered adequate cause for the sudden passion. However, the use of deadly force must be immediately caused by the sudden passion, which means Brad cannot have had time to cool off. The fact that he immediately chased down and shot Ted can demonstrate the immediacy required for the defense. The use of a deadly weapon also does not necessarily negate the defense of sudden passion. Therefore, Brad could potentially argue that he committed murder, but it was not a felony of the first degree (since it was not premeditated) but rather a felony of the second degree.

Brad Comes Home Early from Work