TX 3:1800 Multiple Assailants
Texas Criminal Pattern Jury Instructions (TCPJI) (2010)
Note: Texas Criminal Pattern Jury Charges were updated in 2015.
Chapter 3. Defenses & Special Evidentiary Charges
XXVII. SELF DEFENSE / DEFENSE OF THIRD PERSON / DEFENSE OF PROPERTY
3:1800 Multiple Assailants
The accused is entitled to a jury instruction regarding his right to defend himself against multiple assailants when there is evidence viewed from the accused’s standpoint, that he was in danger of unlawful attack or a threatened attack at the hands of more than one assailant. Frank v. State, 688 S.W.2d 863 (Tex.Crim.App. 1985). Although the evidence of multiple assailants can be raised by statements contained in a confession, for Defendant to be entitled to an instruction, the evidence must be more clear than it was in Dickey v. State, 22 S.W.3d 490 (Tex.Crim.App. 1999). But an instruction is not required where the accused testified that he did not fear an attack from one assailant. Tanguma v. State, 721 S.W.2d 408 (Tex.App.-Corpus Christi 1986, pet. ref’d).
The accused is entitled to a jury instruction on self-defense against multiple assailants where his co-defendant admits to using a knife against multiple assailants and the accused could have been convicted as a party. Horn v. State, 647 S.W.2d 283 (Tex.Crim.App. 1983).