Robinson v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge. —

Appellant requested the following special charge:

“You are charged, as a part of the law in this case, that if the deceased, M. C. Robinson, was armed with a shotgun and was advancing, or was about to advance on the defendant on October 5th, 1923, that the law presumes that he intended to kill the defendant, or do him some serious bodily injury, and then he would have a right to shoot and kill the deceased in his own self-defense, as that term has heretofore been defined by the court.”

Our original opinion is criticised for holding that no error was…