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Actor takes weapon with him to seek "an explanation from or discussion with the other person concerning the actor's differences" and he is a felon in possession - so he is clearly in violation of 46.02 so we are in 9.31(b)(5)

So does he get a self defense instruction with the language negating self-defense added or does he not get the instruction at all in the jury charge?

This message has been edited. Last edited by: sch,
 
Posts: 128 | Location: TX | Registered: March 05, 2003Reply With QuoteReport This Post
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Well, your question is complicated because the facts at trial could contain what you say but also contain other stuff. So, I believe if there is evidence that raises self defense, he gets it. And if there is evidence that shows he tried to do the old seek an explanation while UCW, you get that with an application paragraph. There is an applicable charge in McCormick & Blackwell, 8 Texas Practice Sec. 106.11.
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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