Reagan v. State

MORROW, Judge.

Under an indictment for murder appellant was convicted of manslaughter.

One of the issues submitted to the jury by the trial court was that .of self-defense. The theory of appellant on this issue was that at the time the fatal,shot was fired the deceased was so near the appellant that he was able to reach her with his hand and that he was in the act of attempting to make an assault upon her and to táke from her the pistol with which the homicide was committed. The theory of the State was that appellant was not making any assault and was not near to the appellant at the time the…