Barnes v. State

Appellant insists that he was entitled to a charge on self-defense from the standpoint of an attempted illegal arrest.

Under the facts we can not agree with such contention. The jury were told if they found appellant had not either alone or acting with one Lemley committed the offense of arson, and that the officers fired at or toward them that they would have the right of self-defense, and that if appellant fired at the officers under such circumstances they would acquit him. This was all that appellant was entitled to under Article 1222, P. C. McKee v. State, 118 Tex.Crim. Rep., 42 S.W.2d…