Gilbert v. State

As pointed out in the original opinion, the trial court submitted self-defense from both the deadly attack and the milder attack of the deceased upon Virginia Gilbert, appellant’s former wife.

Self-defense from the milder attack (Art. 1224, P. C.) was submitted to the jury in paragraph 13 of the charge, in which the jury were told as follows:

“ * * * if [irrespective of whether the deceased made a deadly attack] you find and believe from the evidence that in truth and in fact the deceased was in the act of making an unlawful and violent attack upon Virginia Gilbert and that the defendant had no…