Posey v. State

The issue in this ease is the proper treatment, on appeal, of a court’s charge that omitted an instruction on the defense of mistake of fact without objection or request from the defendant. The Court, on reasoning that is at odds with the leading case, Almanza v. State, 686 S.W.2d 157 (Tex.Cr.App.1985), says that no complaint may be raised on appeal. I prefer to say that the complaint may be raised, but that it has no merit.

I

The appellant was tried for the offense of unauthorized use of vehicle. The State’s evidence was that a peace officer stopped the appellant in Harris County for driving a…