Stroud v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Upon facts the same as appear in this record, upon a former appeal, we said: “The ommission from the charge of an instruction on the law of defense of property, is deemed correct.” Appellant stresses in his motion his right to have a charge given the jury presenting this theory. The right to defend on such grounds seems entirely lacking, in supporting testimony. The check demanded by deceased of appellant immediately before the difficulty, — upon defense of which demand appellant seems to predicate his claim of a killing in defense of property, — was…