Texas-Book-Gun Law Armed And Educated - Flipbook - Page 177
resulted in the death of another. For example, if an actor shot a defensive
“warning shot” in response to a threat that resulted in the death of the
aggressor, even if the actor claims it was an accident, they would be
entitled to a self-defense instruction to any criminal charge. This means
that in court, a defendant could literally offer anything as evidence
that raises the issue of self-defense, and he is entitled to receive a jury
instruction regarding self-defense under Sections 9.31 and 9.32. The
only requirement is that the evidence offered must be related to the
incident of self-defense at issue.
The “some evidence” requirement may be satisfied where the evidence
offered is as simple as the defendant’s own testimony, which “alone may
be sufficient to raise the defensive theory requiring a charge.” Guilbeau,
193 S.W.3d at 159; see also Hayes v. State, 728 S.W.2d 804 (Tex. Crim.
App. 1987). In other words, a defendant testifying in court at his own
trial that he was attacked first and feared for his life as a result of the
attack, would have submitted sufficient evidence to be entitled to a jury
instruction on self-defense. The defensive instruction may also expand
if the defendant is attacked by multiple attackers. Jordan v. State, 593
S.W.3d 340 (Tex. Crim. App. 2020). It is important to note that “in
determining whether the testimony of a defendant raises an issue of
self-defense, the truth or credibility of the defendant’s testimony is not
at issue.” Guilbeau, 193 S.W.3d at 159. Rather, determining the truth or
credibility of the defendant’s testimony is the role the jury undertakes
in its deliberations.
Of course, relying on a defendant’s testimony to be the sole source
of evidence in order to obtain a jury instruction on self-defense
can be fraught with peril as well. All defendants have the right to
not testify at their trial—which can be a sound trial tactic in that it
prevents the government from examining the defendant under oath
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