Harper v. State

REYNOLDS, Chief Justice.

After a jury found appellant Mike Harper guilty of a terroristic threat, the trial court assessed his punishment at confinement in the county jail for 30 days, probated for two years, and a fine of $500. Following the court’s overruling of appellant’s indigency motion, he perfected this appeal to contend the court erred (1) in overruling his indigency motion, and (2) by failing to charge the jury concerning the defense of a third person. On the rationale expressed, we will abate the appeal and remand the cause to the trial court for further proceedings.

As this appeal…