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GAVIA v. STATE

No. 45325.

488 S.W.2d 420 (1972)

Cresensio GAVIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 17, 1973.

Attorney(s) appearing for the Case

William B. Smith, Midland, for appellant.

James A. Mashburn, Dist. Atty., and Jerry Buckner, Asst. Dist. Atty., Midland, Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

The conviction is for murder; the punishment, twenty-five (25) years imprisonment.

The appellant urges that the instructions as submitted to the jury deprived him of a charge on a defensive theory to which he was entitled under the evidence. We agree.

The appellant made a timely objection in writing to the court's omission of a charge on self-defense against an unlawful violent attack as provided for by Article...

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