Hayes v. State

OPINION ON STATE’S MOTIONS FOR REHEARING

W.C. DAVIS, Judge.

Appellant was convicted of aggravated assault and was sentenced to five years’ incarceration in the Texas Department of Corrections.

The First Court of Appeals, in an unpublished opinion, affirmed appellant’s conviction holding, inter alia, that appellant’s requested instructions on “deadly force” pursuant to V.T.C.A. Penal Code, § 9.32, and reckless conduct pursuant to V.T.C.A. Penal Code, § 22.05, were properly refused by the trial court. Hayes v. State, No. 01-81-0584-CR (Tex.App. — Houston [1st], October 7, 1982). We granted…