McMillan v. State

PRENDERGAST, Presiding Judge.

From a conviction for manslaughter this appeal is prosecuted. This is the third appeal in this case. The first is reported in 58 Texas Crim. Rep., 525 (126 S. W. Rep., 875); and the second in 65 Texas Crim. Rep., 319,143 S. W. Rep., 1174. From the opinions in these former appeals the case and issues can well be understood.

Self-defense was duly raised in appellant’s favor and submitted. But the court, in submitting it, gave this charge:

"Upon the law of self-defense you are further.instructed by the court, that if you find from the evidence that, on the afternoon of…