Barnes v. State

on state’s motion for rehearing

MORRISON, Judge.

In addition to what we said in our original opinion, we call attention to the failure of the court to respond to appellant’s request for an instruction as to appellant’s right to exercise reasonable force in extricating himself from an illegal arrest. The facts clearly called for such a charge. Mitchell v. State, 145 Texas Cr. Rep. 176, 117 S.W. 2d 443, and Grafft v. State, 134 Texas Cr. Rep. 30, 113 S.W. 2d 546.

The State’s motion for rehearing is overruled.