Holmes v. State

HARPER, Judge.

Appellant was indicted, charged with murder, and convicted of murder in the second degree and his punishment assessed at five years in the penitentiary.

In this case the appellant in his motion for new trial bases his main complaints to the charge of the court and the failure to give several special instructions requested. Defendant does not deny the killing, but claims he was justifiable in so doing, and the court erred in submitting this issue, and erred in failing to instruct the jury as to the presumption of law arising from the attempted use of a pistol. The defendant…