Hall v. State

ON MOTION FOR REHEARING.

BELCHER, Judge.

In his motion for rehearing, appellant insists that the evidence as to who started the altercation, upon which he relies as a basis for self-defense, is uncontradicted and that the jury is not authorized to resolve same against him. The jury is not bound to accept all or any of the testimony of a witness, even though uncontradicted. It is not the prerogative of the appellate court to interfere with the jury’s finding on questions of fact where there is evidence authorizing their verdict. See Williams v. State, 146 Tex. Cr. R. 291, 174 S.W. 2d 261 (5).

Appe…