BARREE v. STATE

No. 59224.

621 S.W.2d 776 (1980)

Marshall Warren BARREE, Appellant, v. The STATE of Texas, Appellee.

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

On Rehearing November 5, 1980.

On Rehearing September 23, 1981.

Rehearing Denied October 14, 1981.


Attorney(s) appearing for the Case

Jon H. Barry, Dallas, for appellant.

Henry M. Wade, Dist. Atty., Karen Chilton Beverly, John G. Tatum, Will Wilson and Michael Patterson, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, ROBERTS and CLINTON, JJ., concur.


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...

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