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JOHNSON v. STATE

No. 898-82.

650 S.W.2d 414 (1983)

James Allen JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 18, 1983.

Attorney(s) appearing for the Case

Kevin R. Bartley, Odessa, for appellant.

Vern F. Martin, Dist. Atty., and James L. Rex, Asst. Dist. Atty., Midland, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellant was convicted of unlawfully carrying a handgun on licensed premises. V.T.C.A., Penal Code Sec. 46.02. Punishment was assessed at two years.

The Court of Appeals reversed the conviction for error in refusing to submit jury instructions on the defensive theories of necessity, V.T.C.A., Penal Code Sec. 9.22, and self-defense, V.T.C.A., Penal Code Sec. 9.31. Johnson v. State...

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