Boget v. State

OPINION

in which KELLER, P.J., MEYERS, PRICE, WOMACK, JOHNSON, HOLCOMB, and COCHRAN, J.J., joined.

James Boget was charged with criminal mischief for damaging a truck. At his trial, Boget introduced evidence that the vehicle was damaged while he was defending himself from its driver. Boget’s requested jury instruction on self-defense was denied. The State argues that Boget was not entitled to the instruction because self-defense is not available unless a defendant is charged with an offense involving force against another, and criminal mischief is not such an offense. We disagree and hold that…