TX 3:1825 Defense of Third Person
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
3:1825 Defense of Third Person
A defense of third person charge should not state that the defendant had to believe his own life was in danger before he could use deadly force in defense of another. There can be no egregious harm, however, if no reasonable jury, even if properly instructed, could have found beyond a reasonable doubt that the injured party was killed in self-defense. Schiffert v. State, 257 S.W.3d 6 (Tex. App.-Fort Worth 2008), pet. ref’d, In re Schiffert, No. PD-1337-09, 2010 LEXIS 164 (Tex.Crim.App. March 24, 2010) (unpublished).