West v. State

ON state’s motion for rehearing.

GRAVES, Judge.

Our attention has been called to the fact that in our original opinion we erroneously stated that two shots were fired by appellant into the body of the deceased. In this we were in error. There was but one shot fired from the pistol, making an entrance wound, as well as an exit wound. The original opinion is corrected to show but one shot fired.

We are of the opinion that the objected to charge should have been limited to one defense and not necessarily demanding disbelief upon the part of the jury of appellant’s plea of self-defense before they…