Allen v. State (1998)
In Allen v. State, 971 S.W.2d 715, 718 (Tex. App. -- Houston 14th Dist. 1998, no pet.), the defendant contended that the evidence was insufficient to show that she knew of the injury to a cyclist whom she had hit.
On appeal, the defendant raised, inter alia, a point of error regarding the alleged failure of the trial court to give a requested jury charge on necessity.
The defendant testified in the case, admitting that she had left the scene without rendering aid, but denied that she hit anyone. Since she did not admit committing the offense, she could not maintain that she committed it out of necessity. Id. at 720.
The court in that case rejected her claim, noting that the collision created a noise that she and others could hear, the cyclist was thrown up in the air above the level of her hood, and her vehicle dragged the bicycle for several blocks, creating sparks and a loud metal scraping noise. Id.