Court of Criminal Appeals of Texas

James Allen Johnson, Appellant v. the State of Texas, Appellee

May 18, 19831983 Tex. Crim. App. LEXIS 1021

Summary

The Court of Criminal Appeals held that the defense of necessity is not statutorily excluded in prosecutions for unlawfully carrying a handgun on licensed premises, overruling Roy, and that self‑defense is unavailable because the offense does not involve use of force against another; it affirmed the Court of Appeals' reversal and remanded for further proceedings.