Thompson v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Before the refusal to submit to the jury, in the charge of the trial court, an alleged defensive theory would be deemed an error for which a reversal should be ordered, it must not only appear that there were facts before the trial court tending to raise or to support such theory, but also that from such facts it reasonably appeared that the refusal might have resulted in injury to the rights of the accused. Davis v. State, 107 Texas Crim. Rep., 389; Knight v. State, 64 Texas Crim. Rep., 541; Carlisle v. State, 112 Texas Crim. Rep., 554; Lopez v.…