Lipscomb v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

We do not think Prater’s case, 60 Texas Crim. Rep. 88, authority for holding, on facts like these before us here, that the trial court should have submitted self-defense. In that case Prater swore that Brown, one of the injured parties, struck him in the mouth, that somebody walked up with a hatchet, and that he knew nothing more; that he did not cut the injured party because he had no knife. Brown told him to shut up and hit him, and that after that he knew nothing. In its opinion this court said, in substance, that if Prater, after Brown struck him,…