Richard Blake Ray v. State

OPINION

TOM GRAY, Chief Justice.

Richard Blake Ray was charged and tried for attempted capital murder. Tex. Penal Code Ann. § 19.03(a)(7)(A) (West Supp.2012). He asserts on appeal that he was deprived of his main theory of defense by the trial court’s refusal to include an instruction in the charge on the defense of necessity. We affirm.

Ray confronted Andrew Hobbs and Bobby Stephens, his former employer and a coworker, respectively, on their job site about difficulties he was having at home as a result of having lost his job. The nature of the business owned by Hobbs required them to go to the…