Vanilla Mayberry v. State

Appellant again calls our attention to the trial courts failure to submit his affirmative defense supplied by the witness, Jim Evans. Viewed in the light most favorable to this appellant, the testimony of this witness established that just prior to passing the Ortmann car, appellant pushed his brake pedal to the floor, his brakes did not work and he pulled over to his left-hand side of the highway to avoid hitting the Ortmann car and hit the oncoming Zunker car, killing the occupants thereof. This being a misdemeanor case, it was incumbent upon appellant, in addition to excepting to the courts charge, to submit to the court a correct charge upon the subject. We find no requested charge regarding the failure of brakes as accounting for appellants driving on his left side of the highway.