Thompson v. State

HENDERSON, Judge.

The appellant was convicted for a simple assault and battery. The court below properly instructed the jury on the law of self-defense. Counsel for appellant requested an instruction to the effect that “the defendant had the right to act upon apparent danger, as well as real, and, in passing upon the right of self-defense, the jury should look to the facts and circumstances from the defendant’s standpoint at the time of the difficulty.” If there was any danger, it was not apparent—it was actual—and this rule does not apply. The facts and circumstances were patent to the…