Rodriquez v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for deadly assault upon a peace officer (V.T. C.A. Penal Code, Sec. 22.03). Punishment was assessed at thirty-five years.

Appellant contends the trial court erred in refusing to charge the jury on self-defense after timely objection was made.

It is well established that if the issue is raised by the evidence the accused is entitled to have it submitted to the jury. The issue before this Court is not the truth of appellant’s testimony; that is for the jury. The issue before this Court is whether, if the testimony is believed, a case of…