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SPAKES v. STATE

No. 0087-95.

913 S.W.2d 597 (1996)

Harry Jack SPAKES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

January 10, 1996.

Attorney(s) appearing for the Case

William E. Kelly, III, Canyon, for appellant.

John L. Owen, Asst. Dist. Atty., Canyon, Jeffrey L. Van Horn, Asst. State's Attorney, Robert A. Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

A jury convicted Appellant of escape and assessed his punishment at sixty years imprisonment after finding that he was a habitual offender. This conviction was reversed because the trial court failed to submit a requested instruction on the defense of necessity. Spakes v. State, 891 S.W.2d 7 (Tex. App.—Amarillo 1994).

The State...

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