Court of Criminal Appeals of Texas

Anthony Randolph Ferrel, Appellant v. the State of Texas

September 12, 20012001 Tex. Crim. App. LEXIS 68

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals' judgment, holding that Ferrel was not entitled to a lesser‑included offense instruction on misdemeanor assault nor to a self‑defense instruction under § 9.31(a) because the evidence showed serious bodily injury and the use of deadly force. The case was remanded for further proceedings consistent with this opinion, and a concurring opinion noted disagreement on the self‑defense instruction issue.