Dixon v. Samartino

This action was brought by appellant, Edna E. Dixon, under Title 77, Articles 4671 to 4678, inclusive, Vernon's Annotated Civil Statutes, commonly referred to as the "death statute", for the recovery of damages alleged to have resulted to her from the death of her adult son, Carl W. Dixon, caused by wounds inflicted by appellee, Charles Samartino.

Appellee answered by a general denial and exceptions. He pled in several particulars that the alleged homicide, if true, was justifiable for the reason that it was committed in the protection of his person against an unlawful attack committed upon…