Garcia v. State

The majority reverses this conviction because of the failure of the trial court to charge on the law of self-defense. As I read appellant’s testimony it does not raise the issue of self-defense. I must, therefore, dissent.

Although the appellant testified that the deceased threatened her, she did not testify she feared he would actually carry out his threats. Instead, all the way through, she testified that she did not intend to kill the deceased and that the shotgun discharged accidentally.1

A defense of accident such as that presented here, where the appellant testifies that she did not…