Thomas v. State

VANCE, Justice.

James Wesley Thomas was convicted of aggravated robbery and sentenced to 99 years’ imprisonment in the Texas Department of Corrections. On appeal, he asserts two grounds of error: that the trial court erred in refusing to submit his requested charge on the defense of necessity, and that the evidence was insufficient to support conviction. We conclude that the evidence is sufficient to support the conviction, but reverse and remand because of failure to charge on the defense of necessity.

The evidence admitted at trial reveals that the appellant was placed under arrest by C.D.…