SHAFER v. STATE

No. 2-95-190-CR.

919 S.W.2d 885 (1996)

Patricia Mayo SHAFER, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled May 9, 1996.


Attorney(s) appearing for the Case

Brett D. Boone, Fort Worth, for appellant.

Tim Curry, Criminal District Attorney, Fort Worth, Betty Marshall and Charles Mallin, Assistant Chiefs of the Appellate Division, Fort Worth, C. James Gibson, Sandy Lawrence, and Paul Bezney, Assistant Criminal District Attorneys, Fort Worth, for appellee.

Before CAYCE, C.J., and LIVINGSTON and RICHARDS, JJ.


OPINION

RICHARDS, Justice.

The issue presented in this appeal is whether a defendant on trial for the offense of driving while intoxicated is entitled to a jury instruction on the defense of necessity where there is evidence the defendant was not intoxicated when she began driving, but subsequently became intoxicated during the drive and was attempting to stop the car at the time of her arrest. We hold a defendant in such circumstances is not entitled...

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