Bennett v. State of Texas

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted by jury of the offense of murder and his punishment assessed at ten years confinement in the Texas Department of Corrections. His conviction was overturned, however, by the court of appeals in Bennett v. State, 673 S.W.2d 396 (Tex.App. — Texarkana 1984). The court of appeals reversed because of a jury charge which applied the law of defense of a third person to the actions of the deceased. Finding that as to appellant the law of defense of a third person was not raised by the evidence, the court of…