Reed v. State

In Reed v. State, 794 S.W.2d 806 (Tex. App. 1990), the defendants were charged with obstructing a passageway following their participation in an abortion protest. Claiming that their actions were justified because they were preventing the death of unborn children, Defendants sought to raise the defense of third persons defense, which the trial court denied. On appeal, the Court of Appeals of Texas affirmed, stating: "Because Tex. Penal Code Ann. 1.07(a)(27) defines "person" as "an individual, corporation, or association," while 1.07(a)(17) defines "individual" as "a human being who has been born and is alive," an unborn child is not at the present time under Texas law a "person" for purposes of the defense of defending third persons." Id. at 810.