Barkley v. State

on appellant’s motion for rehearing.

HAWKINS, Presiding Judge.

Appellant insists that in submitting self-defense based upon threats, the trial court should have told the jury that in determining whether the deceased was doing some act showing an intention to execute the threat, his words in connection therewith should also have been included in the charge.

Paragraph 18 of the court’s charge is as follows:

“You are further instructed that where a defendant accused of murder seeks to justify himself on the grounds of threats against his own life, he is permitted to introduce evidence of the threats…