Whiting v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted by a jury of the misdemeanor offense of resisting arrest. V.T.C.A., Penal Code, § 38.03. The trial court assessed punishment at thirty days confinement, probated for twelve months 1 , and further assessed costs and a fine of $108.00. 2 On direct appeal, appellant contended, inter alia, that the trial court erred in overruling his objections to the prosecution misrepresentation of the burden of proof regarding the law of self-defense during final argument. The Court of Appeals agreed “[AJppellant…