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 error but harmless, while the refusal to give a reckless‑conduct instruction was error that required reversal. Accordingly, the conviction was reversed and the case remanded for a new trial on both issues. Justice TEAGUE dissented on the harmless‑error finding regarding the deadly‑force instruction.