Thomas v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated robbery. After the jury found appellant guilty, the court assessed punishment at 99 years. The conviction was reversed by the Court of Appeals for the Fifth Supreme Judicial District in Thomas v. State, 662 S.W.2d 677 (Tex.App.—Dallas 1983). We granted the State’s petition for discretionary review in order to examine the Court of Appeals’ holding that the trial court erred in refusing a requested charge on the defense of necessity.

Dallas Police Officer David Mendenhall…