Brice v. State

Ethridge, J.,

delivered a dissenting opinion.

I dissent from the majority opinion on the ground that the appellant was entitled to have the fact go to the jury that he appealed to an officer of the law for protection shortly before the fatal encounter. The mere fact alone, of course, is admissible for the defendant, and not the statements which he made to the officer. This may be developed by the state on cross-examination, if it so desires; and, if the state should go into the details of appellant’s conversation with the officer, and show only partially what occurred, then the defendant would…