PORTEOUS v. State

OPINION

A jury convicted appellant of attempted capital murder of a police officer. We granted discretionary review to address the decision of the court of appeals that appellant was not entitled to a self-defense instruction on this offense. 1 The ground upon which we granted discretionary review states:

The Court of Appeals erred in holding that Penal Code Sec. 9.31(b)(2), limiting the right to use force “to resist an arrest ... the actor knows is being made by a peace officer” disentitled appellant to the justification of self defense, because the evidence raised the possibility that…