“Appellant contends that this issue was raised by the evidence and that he timely requested the court to submit the issue to the jury.”
How later courts described this case
- “Appellant contends that this issue was raised by the evidence and that he timely requested the court to submit the issue to the jury.”
- victim’s act in pointing and firing pistol at defendant sufficient provocation
- robber, accused of murdering his intended robbery victim, was not entitled to a self-defense instruction during the guilt-innocence phase of his trial, where the only evidence presented at trial showed that the defendant provoked the necessity for self-defense by attempting to rob the victim
Written by the judges who cited it.
The opinion
DOUGLAS, Judge,
dissenting.
The conviction should not be reversed. The indictment should be held to be sufficient. See the dissenting opinion in Brasfield v. State, 600 S.W.2d 288 (Opinion on State’s Motion for Rehearing, 1980).