Briscof v. State

Upon reconsideration of the record and the authorities we are of opinion that the State's motion for rehearing herein should be granted. Article 1106, Vernon's P.C., was substantially given in the main charge, and we have concluded that under the facts, that portion of special charge No. 6, for failure to give which we reversed this cause, was erroneous and misleading. Said paragraph of said special charge is as follows:

"Now, therefore, if you believe from the evidence that the deceased was using a knife in his attack on defendant, if you believe he attacked defendant and that said knife was…