John Lowell Bufkin, Appellant v. the State of Texas

Summary

The Court affirmed the Court of Appeals' decision that the trial court erred in denying the defendant's request for a consent instruction on the biting allegation. Viewing the evidence in the light most favorable to the defendant showed the alleged biting and the alleged "love bites" were competing explanations of the same incident, entitling the defendant to the instruction. The error was not harmless, and the conviction was upheld only after correcting the instructional error.