Court of Criminal Appeals of Texas

In a conviction of defendant for aggravated assault on a peace officer, court of appeals' reversal of the trial court's denial of his request for a necessity defense is affirmed as, the doctrine of confession and avoidance applies to the Penal Code's necessity defense where the defendant must admit to the conduct - the act or omission and the applicable culpable mental state, and here, it can reasonably be inferred from defendant's testimony that he intentionally, knowingly, or recklessly hit the officer.

Appellate Information

• Decided 03/31/2010
• Published 03/31/2010

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Court

• Court of Criminal Appeals of Texas

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