Blackmon v. State

In his second ground of error appellant complains error was committed when the trial court overruled his objection to the charge. It is an essential element of evading arrest that the attempted arrest is lawful. Alejos v. State, 555 S.W.2d 444, 448 (Tex.Cr.App.1977). The majority concedes this is the law. Appellant objected to the charge for its failure to apply the law to the facts of the case on the element of whether the attempted arrest was lawful.

The paragraph of the charge applying the law to the facts of the case recites:

“Now, bearing in mind the foregoing instructions, if you believe…