Britton v. State

ON REHEARING.

June 27, 1923.

LATTIMORE, Judge.

— The learned tidal judge in charging on self-defense in this case told the jury that a homicide was permitted by law when inflicted for the purpose of preventing the offense of murder or the infliction of serious bodily injury, and that if they found that appellant assaulted Clark, the injured party, but • that the latter had made an attack upon appellant which from the manner and character of it caused him to have a reasonable fear or expectation of death or serious bodily injury, and that acting under such expectation or fear he assaulted Clark,…