Hughes v. State

The majority opinion not only severely restrains the legislative intent of V.T.C.A. Penal Code, § 9.32 and 9.33, it enacts a rule of defense of third persons that will in large measure place the actor/defendor in peril for his actions. It is inconceivable that the Legislature intended this result. I will lay out what I believe to be the correct analysis of this legal issue.

Both my analysis and the majority analysis agree that the actor/defendor must believe that his intervention is immediately necessary to protect the third person. Where we part ways is in the area of the actor/ defendor’s…