Montgomery v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated robbery. Punishment was assessed at life.

In his first ground of error appellant urges reversible error was committed by the trial court’s denial of his proper and timely request for a jury charge on the defense of mistake of fact. V.T.C.A., Penal Code Sec. 8.02.

The trial of this case lasted several days and involved over a dozen witnesses. The events on which the prosecution was brought occurred at appellant’s home on February 18, 1976. At about 8:00 p. m. on that day Garland undercover agents W. E. Anderson and Danny…