Semaire v. State

DISSENTING OPINION TO OVERRULING STATE’S MOTION FOR REHEARING WITHOUT WRITTEN OPINION

McCORMICK, Judge.

This is an appeal from a conviction for murder. The jury, finding appellant guilty, assessed punishment at eight years.

On original submission, a panel, with one Judge dissenting, found the trial court erred in refusing appellant’s requested instruction on self-defense. The State has filed a motion for rehearing urging that appellant was not entitled to a reversal because, under the circumstances, appellant forfeited his right to rely on self-defense. Without reiterating the basis of the…