Beck v. State

ON REHEARING.

June 27, 1919.

MORROW, Judge.

Referring to the case of Wood v. State, 211 S. W. Rep., 782, the appellant insists that the former action of the court is erroneous. In that case the court says: “the burden is not on the defendant but on the State to show criminality.” The case was one in which the issue of self-defense was clearly raised. There was a fight in which Wood was severely injured. His right to a charge on the law of self-defense was not challenged either in this or in the trial court. Having a right to a charge upon that defensive theory, it was-proper that the court’s…