Conner v. State

The testimony for the State shows that appellant struck the deceased when the latter was doing no overt act in or towards a combat, and that there was no conduct on the part of deceased sufficient to produce any appearance that the deceased intended any such act. Under these facts paragraphs (b) and (c), section 989, Code 1930, have no application, and appellant was not entitled to a peremptory charge.

It appears from the undisputed testimony that when deceased was struck he was not knocked down, but was dazed to the extent that he staggered as if about to fall and staggered against the…