McKee v. State

I respectfully dissent.

The majority opinion has concluded that appellant failed to preserve error by not making a specific enough request for an instruction of self defense to the trial judge; that the evidence did not raise the self defense issue because it “did not rise to the level of a sexual assault or an attempted sexual assault as required for the use of a deadly weapon”1; and that, therefore, “the trial court did not err in not submitting a jury charge on self-defense based on imminent sexual assault according to the definition of sexual assault”. I disagree.

The Texas Court of…