Rogers v. State

OPINION

COHEN, Justice.

Appellant was convicted of murder with punishment set by the jury at fifty years imprisonment.

Appellant makes two attacks upon the jury charge. He first complains that fundamental error occurred in the charge at the guilt stage when the court failed to properly apply the law to the facts when instructing the jury on self-defense regarding the second paragraph of the indictment. No objection on this basis was made at trial, and appellant concedes that the instruction was proper in the abstract and as applied to the first paragraph of the indictment. The second paragraph…