Gay v. State

Among other things urged upon motion for rehearing appellant insists that error was committed in refusing his special charge which would have instructed the jury as to the presumption arising from the use of a deadly weapon by the injured party. Exception was reserved to the refusal of the charge. There having been an entire omission from the main charge of an instruction upon the subject, the requested special charge and exception to its refusal saved the point. See Parker v. State, 98 Tex.Crim. Rep., 261 S.W. 782; Bell v. State,99 Tex. Crim. 61, 268 S.W. 168; Banton v. State, 119 Tex. Crim.…