Court of Criminal Appeals of Texas

A court of appeals' judgment reversing a conviction for family-violence assault is affirmed where it properly held that: 1) defendant's testimony that a bite was consensual was sufficient to raise the defense of consent as to a biting allegation; 2) consequently, defendant was entitled to the consent instruction as to that allegation; and 3) it was not possible to find the error harmless.

Appellate Information

• Decided 11/01/2006
• Published 11/01/2006

Judges

• KELLER, P.J., delivered the opinion of the Court in which MEYERS, PRICE, HOLCOMB, and COCHRAN, JJ., joined.

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Brian M. Middleton, Houston, for appellant., Jeffrey L. Van Horn, First Asst. State's Atty., Matthew Paul, State's Atty., Austin, for State.