Davis v. State (1946)
In Davis v. State, 150 Tex. Crim. 124, 199 S.W.2d 155 (Tex. Crim. App. 1946), the defendant's car collided with another car right down the road from where a military police jeep was parked. 199 S.W.2d at 156.
At trial, appellant claimed that he was prevented from aiding the victim because he was arrested by the military police. Id.
His defensive theory was presented to the jury, but it was rejected. Id.
While the court held that the trial court's submission of the defensive instruction was proper because the issue was raised by the evidence, the facts of that case were very different from the facts of the present case. 199 S.W.2d at 157.
In Davis, the defendant was arrested at the scene of the accident and testified at trial that he asked the police officer to let him go so that he could aid the other driver. 199 S.W.2d at 156.