Legal Opinion · Dissent

McGee v. State

Court of Appeals of Texas

Decided August 31, 1992No. 12-88-00275-CRPublished

1DissentColley, Justice

Because I cannot agree under Saxton’s standard of review that reasonable jurors could have found “against appellant on the self-defense issue beyond a reasonable doubt,” I must dissent. In my opinion, this record reveals a classic ease of self-defense under the court’s charge which read:

Upon the law of self defense, you are instructed that a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other person’s use or attempted use of unlawful force.

A person is justified in using deadly…

2Cases cited7 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Lafoon v. StateCourt of Criminal Appeals of Texas · 1976
  3. Tennison v. StateCourt of Criminal Appeals of Texas · 1959
  4. Brown v. StateCourt of Criminal Appeals of Texas · 1983
  5. McCuin v. StateCourt of Criminal Appeals of Texas · 1974

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