Court of Criminal Appeals of Texas

Howard Leroy Woodfox, Appellant v. the State of Texas, Appellee

December 2, 19871987 Tex. Crim. App. LEXIS 721

Summary

The Court of Criminal Appeals held that a non‑testifying defendant may raise the defense of mistake of fact based on evidence from a second party and is entitled to a jury instruction, overruling Williams and Harper. The petition was granted and the case remanded for further action consistent with this ruling.