Grohoske v. State

On Motion for Rehearing.

HAWKINS, Judge.

In his motion for rehearing appellant renews his complaint because the court failed to charge upon his right to arrest deceased, and further urges Kilpatrick v. State, 80 Tex. Cr. R. 891, 189 S. W. 267 as authority. In our original opinion we endeavored to point out the distinguishing features between that case and the present one. In Kilpat-rick’s Case there was a sharp issue whether accused was trying to arrest. The state’s case made out an unprovoked killing, while accused’s testimony was to the effect that the killing occurred while he was defending…