Chunn v. State

OPINION

COHEN, Justice.

A jury found appellant guilty of criminal trespass and assessed punishment at a fine of $1,000.00 and 24 days in jail.

The first point of error contends the trial court erred by not instructing the jury on the defense of necessity. Tex.Penal Code Ann. § 9.22 (Vernon 1974). Appellant and three juveniles trespassed at a medical clinic that performed abortions. Appellant contends his trespass was necessary to defend the other trespassers from attack by people in the clinic.

This point of error is without merit for two reasons. First, appellant did not admit at trial that he…