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Where there is record evidence that demonstrates a public
officer is unlawfully discharging his official duties at the time a
person assaults him, the defendant is entitled to a lesser-included
charge. But because appellant did not offer evidence that the
officer here acted "unlawfully," the court affirms the judgment of
the court of appeals.
February 28, 2005 at 12:00 AM
1 minute read
Updated on February 28, 2005
The original version of this story was published on Texas Lawyer
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