Banks v. State

OPINION IN DENIAL OF STATE’S MOTION FOR LEAVE TO FILE A MOTION FOR REHEARING

Almost two years after the effective date of the present penal code, Young v. State, 530 S.W.2d 120 (Tex.Cr.App.1975) was unanimously decided by the Court. The State Prosecuting Attorney presented the contention that “since the Legislature saw fit to include the law on provoking the difficulty but failed to include any provision on the right of an actor (accused) to arm himself and seek an explanation, such right no longer exists,” id. at 123. Rejecting it, the Court did not agree that either the provisions or the…