Albert Hayes v. State Texas

The First Court of Appeals, in an unpublished opinion, affirmed appellants conviction holding, inter alia, that appellants requested instructions on "deadly force" pursuant to V.T.C.A. Penal Code, ? 9.32, and reckless conduct pursuant to V.T.C.A. Penal Code, ? 22.05, were properly refused by the trial court. Hayes v. State, No. 01-81-0584-CR (Tex.App. - Houston [1st], October 7, 1982). We granted appellants petition for discretionary review in order to determine whether evidence was indeed presented which would implicate the two requested instructions.