Folds v. State

The judge below charged the jury that if the defendant used the first opprobrious words, that would not justify him in striking the prosecutor on account of the prosecutor having used opprobrious words. This, in my opinion, was ‘error, and deprived the. defendant of the right, which the law gives him, to plead, in defense to a battery by him, opprobrious words *149used by the person assailed, and to have the jury pass upon the sufficiency of his defense. The Penal Code, § 103, says: “On the trial of an indictment for an assault, or an assault and battery, the defendant may give in evidence to the…