Court of Criminal Appeals of Texas

Albert Hayes, Appellant v. the State of Texas, Appellee

April 29, 19871987 Tex. Crim. App. LEXIS 584

Summary

The Court of Criminal Appeals held that the trial court's refusal to give a deadly‑force self‑defense instruction was harmless error, but that the refusal to give a reckless‑conduct instruction was error requiring reversal and a new trial. Justice TEAGUE dissented on the harmless‑error finding regarding deadly force but agreed on the reckless‑conduct issue.