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WOODFOX v. STATE

No. 848-88.

779 S.W.2d 434 (1989)

Howard Leroy WOODFOX, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 8, 1989.

Attorney(s) appearing for the Case

Douglas M. O'Brien, court appointed on appeal only, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and J. Harvey Hudson and Pat Shelton, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty. and Carl E.F. Dally, Sp. Asst. State's Atty., Austin, for the State.

Before the court en banc.

ON STATE'S PETITION FOR DISCRETIONARY REVIEW OPINION

TEAGUE, Judge.

In Woodfox v. State, 742 S.W.2d 408 (Tex.Cr.App.1987), in a majority opinion by Judge Campbell, this Court ruled that a defendant in an unauthorized motor vehicle case, see V.T.C.A., Penal Code § 31.07, could raise the defense of mistake of fact, see V.T.C.A., Penal Code § 8.02, through a second party provided that he presented such evidence...

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