Jupe v. State

DAVIDSON, Presiding Judge.

—Appellant was convicted of assault to murder and allotted two years in the penitentiary.

The issues in the case are presented in the form of assault to murder, aggravated assault, simple assault, and self-defense. The court limited appellant’s right of self-defense to the question of danger of death or serious bodily harm as applied to the question of simple assault. We think this was error. The right of self-defense does not depend upon whether the life of the accused was in danger or his body of serious bodily injury under all circumstances. The right of…