Legal Opinion

Barree v. State

Court of Criminal Appeals of Texas

Decided September 23, 1981No. 59224PublishedCited by 16 opinions

1Opinion of the Court

OPINION

ROBERTS, Judge.

The court sentenced Barree to 120 days in jail after a jury found him guilty of making a terroristic threat. The only question is whether the trial court erred in failing to charge the jury on self-defense. The appellant properly objected to the court’s charge to the jury.

The relevant law of self-defense should be set out first. V.T.C.A., Penal Code, Sec. 9.04 provides:

“The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the prosecution of a weapon or…

2Cases cited1 opinion

  1. Rodriquez v. StateCourt of Criminal Appeals of Texas · 1976

3Cited by16 opinions

  1. Ferrel v. StateCourt of Criminal Appeals of Texas · 2001
  2. Dyson v. StateCourt of Criminal Appeals of Texas · 1984
  3. Riddle v. StateCourt of Criminal Appeals of Texas · 1994
  4. Smith v. StateCourt of Criminal Appeals of Texas · 1984
  5. Preston v. StateCourt of Appeals of Texas · 1988

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