PENA v. STATE

No. 13-86-296-CR.

725 S.W.2d 505 (1987)

Danny Lewis PENA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

February 19, 1987.


Attorney(s) appearing for the Case

Edmund Cyganiewicz, Brownsville, for appellant.

Ben Euristi, Jr., Brownsville, for appellee.

Before NYE, C.J., and KENNEDY and DORSEY, J.J.


OPINION

NYE, Chief Justice.

A jury found appellant guilty of assaulting a peace officer (aggravated assault) and assessed his punishment at thirteen years in the Texas Department of Corrections. Appellant raises two grounds of error on appeal, alleging that the trial court erred when it failed to instruct the jury (1) on the law of accident and voluntary conduct, and (2) on the use of excessive force by the arresting police officers. We affirm.

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