Sprinkle v. State

HENDERSON, Judge.

Appellant,was convicted of an assault with intent to murder, and his punishment fixed at confinement in the penitentiary for a term of five years; hence this appeal.

Appellant insists that the court’s charge on self-defense was too restrictive, in that it authorizes a defense only against an unlawful and violent attack made on appellant by the prosecutor. The charge appears to be susceptible to said criticism. Of course, appellant had a right to defend himself against an assault less than a violent attack. He had a right to defend himself against any unlawful assault. However,…