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SEMAIRE v. STATE

No. 62635.

612 S.W.2d 528 (1980)

Kerrie Don SEMAIRE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

Rehearing Denied March 4, 1981.

Attorney(s) appearing for the Case

Randy Schaffer, Houston, court appointed on appeal only, for appellant.

Carol S. Vance, Dist. Atty., Michael Kuhn and W. F. Roberts, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, ROBERTS and CLINTON, JJ.

OPINION

ROBERTS, Judge.

This murder case presents the question of whether a suspect is justified in defending himself against the use of force which he reasonably believes is unlawful, but which actually is lawful. If the answer is Yes, which we hold that it is, then this appellant was entitled to have a jury decide whether his belief was reasonable.

The appellant has been found guilty of murdering his...

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