CARTHAGE, TX (KLTV) - Claiming a faulty jury charge, an appeals court has sent a Nacogdoches woman's Panola County murder conviction back to a trial court.
Deborah Smiley McFadden was found guilty of murder and sentenced to 40 years prison on Feb. 15, 2017. She was accused of killing her then-boyfriend on Oct. 12, 2003.
According to the court documents, McFadden shot Edward George Jr. after he had poured gasoline in her SUV and attacked her while she was trying to move out. While George was going back to the SUV, McFadden shot George several times.
On appeal, McFadden's attorney claimed the trial court erred when it denied McFadden's request for a jury instruction on defense of property, as it could have been assumed George was going to burn the contents inside McFadden's SUV.