Legal Opinion · Concurrence

Myers v. State

Court of Criminal Appeals of Texas

Decided March 31, 1954No. 26,849Published

1ConcurrenceMorrison, Judge

I do not agree that the testimony in this case raised the issue of defense of habitation. Appellant testified that she acted in her own self defense, which was properly submitted to the jury in the charge. This case, as I view it, comes squarely within the rule expressed in Ross v. State, 75 Tex. Cr. Rep. 59, 170 S. W. 305; Richardson v. State, 91 Tex. Cr. Rep. 318, 239 S. W. 219; Tait v. State, 97 Tex. Cr. Rep. 119, 260 S. W. 584; Beggs v. State, 124 Tex. Cr. Rep. 1, 60 S. W. 2d 241; and Ashworth v. State, 148 Texas Crim. Rep. 561, 189 S. W. 2d 875, which holds that the evidence there…

2Cases cited4 opinions

  1. Ross v. StateCourt of Criminal Appeals of Texas · 1914
  2. Ashworth v. StateCourt of Criminal Appeals of Texas · 1945
  3. Beggs v. StateCourt of Criminal Appeals of Texas · 1933
  4. Tait v. StateCourt of Criminal Appeals of Texas · 1924

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