Whitechurch v. State

OPINION

CORNISH, Judge:

Allen Whitechurch, appellant, was convicted of Manslaughter in the First Degree, After Former Conviction of Two or More Felonies, in Comanche County District Court. He was sentenced to serve twenty (20) years’ imprisonment.

The principle issue before this Court is whether the trial court erred in failing to instruct the jury on the appellant’s theory of the case, i.e. that he had a right to defend his sister against a felonious attack.

On December 4, 1980, Whitechurch and his sister, Ms. Alexander, were driving to the bank to cash a check. On the way to the bank, Ms.…