Arnwine v. State

OPINION

Opinion by

Justice ROSS.

Anthony Symortis Arnwine was charged with committing an aggravated assault on his mother, Francine Arnwine, by using a deadly weapon, a crutch. A jury convicted him and assessed his punishment at imprisonment for a period of twenty years. Arnwine appeals, contending in a single point of error that the trial court erred in fading to submit to the jury an instruction on the defense of necessity.

On the evening in question, at approximately 10:00 p.m., Arnwine, age 41, arrived at his parents’ home, where he also resided, and was in the living room when he and his…