MONTGOMERY v. STATE

No. 57373.

588 S.W.2d 950 (1979)

David Brainard MONTGOMERY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

November 7, 1979.


Attorney(s) appearing for the Case

J. Michael Jaynes, Dallas, for appellant.

Henry Wade, Dist. Atty., William M. Lamb, L. S. Eubanks, Jr., and C. Wayne Huff, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, PHILLIPS and W. C. DAVIS, JJ.


OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated robbery. Punishment was assessed at life.

In his first ground of error appellant urges reversible error was committed by the trial court's denial of his proper and timely request for a jury charge on the defense of mistake of fact. V.T.C.A., Penal Code Sec. 8.02.

The trial of this case lasted several days and involved over a dozen witnesses. The events on which the prosecution...

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