Smith v. State

BROOKS, Judge.

Appellant was convicted of assault with intent to murder, the punishment being fixed at five years confinement in the penitentiary.

The only question we deem necessary to pass upon is that ground of appellant’s motion, wherein he complains, that the court erred in the charge of provoking the difficulty, which is as follows: “If you be-

lieve that the defendant committed the assault as a means of defense, believing at the time he did so, if he did do so, that he was in danger of losing his life or of serious bodily injury at the hands of said Will Kelly, then you will acquit the…