Roy v. State

552 S.W.2d 827 (1977)

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Roy v. State

Texas Court of Criminal Appeals
552 S.W.2d 827 (1977)

KL

Facts

John Roy (defendant) was pulled over while driving his truck in Houston. Police officers on patrol spotted him leaving a lounge parking lot with a passenger slumped down next to him. Believing Roy had just picked up a prostitute, the officers tried to pull him over. Roy ignored them at first but was eventually forced to pull over after the officers pulled directly in front of his truck. Roy did not cooperate when questioned and told police he was a deputy constable and entitled to carry a weapon. However, he did not produce sufficient identification as proof. Police arrested him, and he was charged with and convicted of unlawfully carrying a handgun. Roy appealed, arguing that the trial court erred by refusing to let him establish the necessity defense by including testimony from the arresting officers that the area of Houston in which he was arrested was a high-crime area. Roy also tried to justify his decision to carry a firearm by claiming that his truck had been burglarized in the past and that someone had once used a firearm on him.

Rule of Law

Issue

Holding and Reasoning (Onion, J.)

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