McGarity v. State

OPINION

LÓPEZ, J.

Farris McGarity was indicted and convicted for the offense of assault with bodily injury by hitting the complainant in the face and fracturing her jaw. The court assessed punishment at one year in jail, probated for two years; 30 days in jail as a condition of probation, 200 hours of community service and a $2,000 fine. In four issues on appeal, McGarity complains that the trial court erred in refusing to submit the defense of necessity to the jury, the defense attorney failed to render effective assistance of counsel, and that the evidence was legally and factually…