Boudreaux v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

— In his motion for rehearing appellant urges that we are in error in disposing of his contention that the court should have instructed on appellant’s right of defense against an attack less than one threatening death or serious bodily injury. The court has had occasion many times to write upon this subject, and now calls attention to the fact that in most of the cases where such instruction has not been given and its omission held error will be found to be those in which convictions were for aggravated assault. See Hix v. State, 51 Texas Crim. Rep.,…