BOWEN v. STATE

No. PD-1873-03.

162 S.W.3d 226 (2005)

Lydia H. BOWEN, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

May 4, 2005.


Attorney(s) appearing for the Case

Samuel C. Bishop, Decatur, for Appellant.

Gregory P. Lowery, County Atty., Thomas J. Aaberg, Asst. County Atty., Decatur, Matthew Paul, State's Atty., Austin, for State.


OPINION

KEASLER, J., delivered the opinion of the Court in which MEYERS, PRICE, WOMACK, JOHNSON, HERVEY, and HOLCOMB, JJ., joined.

Upon the close of evidence at her resisting arrest trial, Lydia Bowen sought a jury instruction on the defense of necessity. The trial judge refused this request. Affirming the trial judge's refusal, the Court of Appeals held that the self-defense statute, Penal Code section 9.31, demonstrated a legislative purpose to...

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