Bowen v. State

OPINION

MEYERS, PRICE, WOMACK, JOHNSON, HERVEY, and HOLCOMB, JJ.,

joined.

Upon the close of evidence at her resisting arrest trial, Lydia Bowen sought a jury instruction on the defense of necessity. The trial judge refused this request. Affirming the trial judge’s refusal, the Court of Appeals held that the self-defense statute, Penal Code section 9.31, demonstrated a legislative purpose to exclude the necessity defense under section 9.22(3). We disagree. Therefore, we reverse and remand.

Factual and Procedural History

Responding to a disturbance call with an advisory of possible weapons present,…