Short v. State

Appellant was convicted of murder and his punishment assessed at confinement in the penitentiary for life.

The first question raised by appellant is, that the court erred in failing to submit the issue of self-defense. We agree with appellant that, where there is evidence raising that issue, it should be fairly and affirmatively submitted to the jury, therefore it is unnecessary to discuss the authorities cited by him; but it is equally well settled that when there is no testimony raising such an issue, it should not be submitted. The State's evidence would make a case of murder, while the…