Davis v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for murder with the punishment assessed at 35 years.

In his sole ground of error appellant contends the trial court erred in failing to instruct the jury on the law of justifiable homicide to prevent a robbery, although the issue was raised by the evidence. See Article 1222, Vernon’s Ann.P.C.

The record reflects that the homicide in question occurred during the early morning hours of July 28, 1969, near the corner of New Braunfels Avenue and Blain Street in the city of San Antonio. The 19 year old deceased, Teodoro Ayala, and 15…