Darty v. State

OPINION

LOPEZ, Justice.

This case concerns the conflicting testimony of two witnesses: a police officer and an African American defendant accused of resisting arrest. The question before the Court is whether the trial court erred in refusing appellant’s requested charge on necessity. For the reasons stated in this opinion, we reverse and remand.

STATEMENT OF FACTS

The jury heard only two witnesses in this trial. The State introduced its evidence through the arresting officer and the defendant took the stand in his own behalf.

A. The State’s Version

The jury heard that on July 1, 1997, at…