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THOMAS v. STATE

No. 05-82-00598-CR.

662 S.W.2d 677 (1983)

James Wesley THOMAS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Discretionary Review Granted March 28, 1984.

Attorney(s) appearing for the Case

Bill Roberts, Dallas, for appellant.

Henry Wade, Dist. Atty., Anne Wetherholt, Asst. Dist. Atty., for appellee.

Before STOREY, VANCE and STEWART, JJ.

VANCE, Justice.

James Wesley Thomas was convicted of aggravated robbery and sentenced to 99 years' imprisonment in the Texas Department of Corrections. On appeal, he asserts two grounds of error: that the trial court erred in refusing to submit his requested charge on the defense of necessity, and that the evidence was insufficient to support conviction. We conclude that the evidence is sufficient to support the conviction, but reverse and remand because of failure...

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