Cleveland v. State

OPINION

CANTU, Justice.

This is an appeal from a conviction for murder. TEX. PENAL CODE § 19.02 (Vernon 1974). After a jury trial, punishment was assessed at twenty years.

The appellant freely admitted that he shot the deceased, Harvey Davis, on the 5th of June, 1983, and that such gunshot resulted in the death of Harvey Davis. However, appellant alleged that the shoot*762ing was justified on the basis of self-defense and/or defense of third persons. See TEX. PENAL CODE §§ 9.31-9.33 (Vernon 1974 and Vernon Supp.1985).

The evidence presented at trial justified inclusion of both a self-defense and…