Smith v. State

STAKELY, Justice.

We have considered the exception to the oral charge of the court as set out in the opinion of the Court of Appeals and have concluded that the Court of Appeals reached a correct conclusion with reference thereto. As we understand the opinion of the Court of Appeals the State had one factual theory while the defendant had another factual theory. Solution of these different theories made a question for the jury. According to the theory of the prosecution the defendant was under the duty to retreat in accordance with the oral charge of the court. Under the factual theory of the…