Duke v. State

ON MOTION FOR REHEARING.

January 18, 1911.

DAVIDSON, Presiding Judge.

—At a former term of this court the judgment herein was reversed and remanded. The Assistant Attorney-General has filed a motion for rehearing alleging error in the former opinion. He bases it upon two grounds: First, in holding that the charge of the court below limited the defense to an actual attack when the proof showed that the defendant’s theory was that he shot in defense of himself against an attack about to be made. Second, in holding that the court below failed to charge the jury that the defendant had the right to…