Hubbard v. State

OPINION

Opinion by

Chief Justice MORRISS.

Chris Hubbard awoke in his prison cell to find that his cellmate, Ronder Townsel, had pulled down Hubbard’s boxer shorts, climbed on Hubbard’s back, pressed his forearm to the back of Hubbard’s neck to hold him down, and begun trying to rape him. During the ensuing struggle, Town-sel was injured worse than Hubbard. In fact, Townsel’s resulting broken ribs and sternum caused infection and ultimately death. 1 Charged with the capital murder of Townsel, Hubbard was denied a requested jury instruction on the issue of necessity, was convicted of the…