Ferrel v. State

MAJORITY OPINION

DON WITTIG, Justice.

This was a short-lived bar room fight. After the trial judge refused appellant Anthony Randolph Ferrel’s requested instructions on self defense, apparent danger and misdemeanor assault, a jury convicted appellant of aggravated assault. Appellant was sentenced by the jury to six years confinement and a $2,500 fine. We reverse and remand for a new trial.

Background

Appellant was involved in an altercation in which he struck the complainant in the mouth with a beer bottle. The complainant fell to the ground, hit his head on the floor, and died. Viewing the…