Lundy v. State

BROOKS, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at five years confinement in the penitentiary.

This is the second appeal of this case. See 48 Texas Crim. Rep., 217, 87 S. W. Rep., 352, for former opinion.

1. The seventh assignment of error in motion for a new trial complains the court erred in not applying the law of self-defense on account of real and apparent danger to the facts of this case. The court, it is true, submitted to the jury' the abstract propositions of law as found in article 675 and subdivisions 1 and 2 thereof of the Penal…