Nami v. State

ON REHEARING.

June 4, 1924.

MORROW, Presiding Judge.

In deciding the point upon which the reversal is based in the original opinion, this court has not done violence to or extended the practice concerning the law applicable to one who, for the purpose of an explanation, seeks another while armed with a pistol or other deadly weapon. That one by doing so does not necessarily forfeit the right of self-defense is declared in Shannon’s case, 35 Texas Crim. Rep., 2, and many others following it. That under such circumstances the duty does not devolve upon the trial court to instruct the jury that by…