GARCIA v. STATE

No. 09-97-368 CR.

972 S.W.2d 848 (1998)

Jose GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided May 28, 1998.


Attorney(s) appearing for the Case

John C. Bennett, State Counsel for Offenders, Huntsville, for appellant.

Mark Mullin, Special Prosecution Unit, Huntsville, for state.

Before WALKER, C.J., and BURGESS and FARRIS, JJ.


OPINION

DAVID FARRIS, Justice (Assigned).

The appellant, Jose Garcia, stands convicted of Possession of a Deadly Weapon in a Penal Institution. TEX.PEN.CODE ANN. § 46.10 (Vernon 1994). On appeal Garcia complains (1) the State's evidence did not rebut beyond a reasonable doubt his claim to justification by necessity and (2) the trial court erred in failing to instruct the jury on the defense of necessity. We overrule both points of error and affirm the...

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