Bennett v. State

in which MEYERS, PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

Does a request for a jury instruction on self-defense preserve a complaint on appeal regarding the trial judge’s failure to submit a jury instruction on defense of a third person? The answer is “no.”

Appellant was prosecuted for assault. At trial, she objected to the trial judge’s failure to include in the jury charge an instruction on self-defense:

Judge, on behalf of Ms. Bennett, comes now the defendant, states that — I respectfully request that the Court include in the charge an instruction concerning the law…