Henry v. State

ON STATE’S MOTION FOR REHEARING.

DAVIDSON, Judge.

The State, through its district attorney, has filed a motion for rehearing, insisting-, in accordance with the view expressed in the dissenting opinion by Judge Beauchamp, that the facts did not raise self-defense and therefore no issue arose whereby proof of the deceased’s reputation for being a quarrelsome, contentious, overbearing and dangerous man was admissible.

The trial court submitted to the jury self-defense from actual as well as apparent attack.

*296Having so recognized that self-defense was an issue and was to be submitted to the jury, the…