Wheatley v. State

LATTIMORE, Judge.

Conviction for aggravated assault; punishment, a fine of $25.

The learned trial judge gave to the jury the law of self-defense, and told them that if they found from the evidence that appellant was being attacked by Humphrey (prosecuting witness) with a gun at the time, etc., they should acquit, but he also told them that if they found from the evidence that appellant was the aggressor and provoked the difficulty, then he could not claim the right of self-defense. The last paragraph of this charge was excepted to as infringing appellant’s right of self-defense, and upon the…