Surges v. State

The appellant shot and killed Will Young, was convicted of murder, and punishment fixed at confinement in the penitentiary for twenty-five years.

The appellant’s counsel, in his able presentation of the case in brief and oral argument, is accurate in his conception of the law that in a case in which the evidence presents the theory of self-defense upon apparent danger only, that a charge embodying the law of self-defense against an actual attack will not suffice. It. is encumbent upon the trial court to instruct the jury upon the law of the case as made by the evidence, and in one in which…