Gilmer v. State

ON MOTION FOR REHEARING.

MORRISON, Judge.

Appellant urges us to discuss his Bills of Exception Nos. 25 and 30. These bills reflect objections to the court’s charge for failure to instruct the jury that if appellant was justified in firing the first shot in self defense but that after the first shot was fired his assailant abandoned the difficulty and began to flee and the danger to appellant, real or apparent, had ceased, that any further shots would not be justifiable but would make appellant guilty of no more than aggravated assault if at the time he fired the subsequent shots his mind was…