Richard v. State

DISSENTING OPINION

MORRISON, Judge.

The cases cited in the majority opinion have no resemblance to the facts before us here. A careful examination of the authorities leads me to conclude that the situation presented here is almost on all fours with that before the Court in Trimble v. State, 148 Tex.Cr.R. 596, 190 S.W.2d 123. There, as here, the injured party intervened at a time when the accused was making an attack upon a third party. In that case the Court, in reversing the conviction, said:

“(T)he knife used was not per se a deadly weapon nor was the wound inflicted such as would have…