3:1720 Burden of Proof and Persuasion
Texas Criminal Pattern Jury Instructions (TCPJI)
Chapter 3. Defenses & Special Evidentiary Charges
XXVII. SELF DEFENSE / DEFENSE OF THIRD PERSON / DEFENSE OF PROPERTY
A. Law
3:1720 Burden of Proof and Persuasion
The State is required to disprove self-defense beyond a reasonable doubt, but does not expressly have to refute the defendant’s self-defense evidence. Saxton v. State, 804 S.W.2d 910 (Tex.Crim.App. 1991). The prosecution can disprove the self-defense by proving its case in chief beyond a reasonable doubt. Id. This follows from the fact that, by convincing the jury beyond a reasonable doubt of the defendant’s guilt, the State has additionally disproved self-defense to the jury beyond a reasonable doubt. Also see, Wilkerson v. State, 920 S.W.2d 404 (Tex.App.-Houston [1st Dist. 1996, no pet.) (failure to require State to disprove self-defense beyond a reasonable doubt is reversible error).
