Johnson v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellant was convictéd of unlawfully carrying a handgun on licensed premises. V.T.C.A., Penal Code Sec. 46.02. Punishment was assessed at two years.

The Court of Appeals reversed the conviction for error in refusing to submit jury instructions on the defensive theories of necessity, V.T.C.A., Penal Code Sec. 9.22, and self-defense, V.T.C.A., Penal Code Sec. 9.31. Johnson v. State, 638 S.W.2d 636 (Tex.App. — El Paso, 1982).

We granted the State’s petition for review to consider the State’s arguments that those defenses are…