Roberson v. State

■ON REHEARING.

April 10, 1918.

MORROW, Judge.

After considering the motion for rehearing we have reached the conclusion that we were in error in failing to sustain the assignment which related to the trial court’s refusal of appellant’s request to instruct the jury in appropriate language that the jury would not be authorized to draw an inference adverse to appellant upon the issue of self-defense from his possession of the pistol at the time of the encounter. This phase of the case was not referred to. in the original opinion. The circumstances surrounding appellant at the time he met deceased…