CHUNN v. STATE

No. 01-90-01120-CR.

821 S.W.2d 718 (1991)

Wayman Henry CHUNN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied January 23, 1992.


Attorney(s) appearing for the Case

Richard Schmude, Houston, for appellant.

John B. Holmes, Dist. Atty., Carol Cameron, Tammy Garrett, Elizabeth Goodhardt, Asst. Dist. Attys., Houston, for appellee.

Before TREVATHAN, COHEN and O'CONNOR, JJ.


OPINION

COHEN, Justice.

A jury found appellant guilty of criminal trespass and assessed punishment at a fine of $1,000.00 and 24 days in jail.

The first point of error contends the trial court erred by not instructing the jury on the defense of necessity. Tex.Penal Code Ann. § 9.22 (Vernon 1974). Appellant and three juveniles trespassed at a medical clinic that performed abortions. Appellant contends his trespass was necessary to defend the...

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