Opinion

Baines v. State

  • 98 Tex. Crim. 124
  • 263 S.W. 317
  • 1924 Tex. Crim. App. LEXIS 509
Court
Court of Criminal Appeals of Texas
Filed
Jun 4, 1924
Status
Published
Author
Hawkins
On the bench
Morrow, Hawkins
Cited by
0 cases

The opinion

on rehearing.

June 27, 1924.

HAWKINS, Judge.

— The State has filed a motion for rehearing in which it is insisted that we were in error in holding that the issue of self-defense was raised, and that the lower court should have permitted the jury to pass thereon under appropriate instructions. If this issue was raised by any testimony in the case it was the duty of the court to permit the jury to pass upon it. We have again examined the statement of facts and are confirmed in our views that appellant’s testimony clearly raised the issue. It is not for us to say Whether the evidence was true or false, but it was for the jury to pass upon that issue and they should not have been deprived of the right to do so.

The motion for rehearing is overruled.

Overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.