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DARTY v. STATE

No. 04-98-00402-CR.

994 S.W.2d 215 (1999)

George W. DARTY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

April 14, 1999.

Attorney(s) appearing for the Case

Suzanne M. Kramer, San Antonio, for appellant.

Matthew W. Paul, State's Pros. Atty., Betty Marshall, Asst. State Pros. Atty., Austin, Edward F. Shaughnessy, III, Asst. Criminal Dist. Atty., San Antonio, for appellee.

Before TOM RICKHOFF and ALMA L. LÓPEZ, Justice.

OPINION

LOPEZ, Justice.

This case concerns the conflicting testimony of two witnesses: a police officer and an African American defendant accused of resisting arrest. The question before the Court is whether the trial court erred in refusing appellant's requested charge on necessity. For the reasons stated in this opinion, we reverse and remand.

STATEMENT OF FACTS

The jury heard only two witnesses in this trial. The State introduced its...

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