Carlile v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— Appellant is correct in assuming that it was not the purpose of the original opinion to overrule former cases holding that an accused can not be bound by proof of the acts, statements or non-armed condition of the deceased which is unknown to accused which might impinge on his right of self-defense. We have again carefully examined appellant’s contention that the first difficulty between appellant and deceased was so closely connected with the second that any evidence tending to show that deceased’s gun was unloaded at the time of the first encounter…