Rogers v. Texas (original by judge keel)Annotate this Case
A jury convicted Appellant William Rogers of aggravated assault and burglary of a habitation with commission or attempted commission of aggravated assault. The court of appeals vacated the aggravated assault conviction on double jeopardy grounds because it was a lesser included offense of the burglary. The Texas Court of Criminal Appeals granted review of the court of appeals’ holding in the burglary case that the trial court’s refusal to instruct the jury on self-defense and necessity. The Court concluded the trial court's refusal to instruct on self-defense and necessity, if error, was harmful to the defense. Consequently, the Court reversed and remanded for the court of appeals to decide whether the trial court's ruling was made in error.