# Lester v. State

> Court of Criminal Appeals of Texas · April 11, 1973 · 498 S.W.2d 927

URL: https://www.frixlaw.com/law-library/cases/9641350

## Case

- **Full name:** Frank LESTER and Kemal Shea, Appellants, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** April 11, 1973
- **Citations:** 498 S.W.2d 927; 1973 Tex. Crim. App. LEXIS 2583
- **Precedential status:** Published
- **Opinion:** Concurrence by Morrison
- **Judges:** Davis, Morrison, Odom, Onion, Roberts
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9641350

## Opinion text

MORRISON, Judge
(concurring).
I concur in the affirmance of this conviction, but because of the peculiar facts involved feel impelled to state my reasons.
The question of unlawful arrest is not in this case. Appellants did not testify that they thought they were being arrested and did not assert that they thought the persons pursuing and shooting them were officers.
This is not a narcotics case where contraband is found either on the person or in the accused’s automobile. The officers did not need to search for the shotguns and the pistol because the evidence conclusively established the presence of such weapons in appellants’ automobile.
Appellants readily admitted the possession and the firing of the guns. Such testimony was part of their defensive theory in this assault with intent to murder case.
The question in this case is not whether the officers were acting within the scope of their authority in making the arrest. The sole question presented by this record is whether or not appellants were acting within their right of self-defense against the *931 strangers who they thought were attacking them.
This issue was properly submitted and answered adversely to them by the jury.
I concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9641350. Public record. Not legal advice.