Court of Criminal Appeals of Texas

Alfred E. Brown, Appellant v. the State of Texas

September 10, 19971997 Tex. Crim. App. LEXIS 61

Summary

The Court affirmed the Court of Appeals' decision that the trial court erred by refusing a voluntary conduct jury instruction when the evidence raised the issue of involuntary conduct, and held that such an instruction is required whenever the evidence raises that issue. Justice Price dissented, arguing that Section 6.01(a) is not a defense and no instruction was warranted.