Middleton v. State

ON MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

In his motion for rehearing appellant contends that all the evidence both of the State and appellant shows that he acted in self-defense and therefore his conviction is not justified. The State’s first witness, Robert Fulton, testified in substance that he, in company with appellant and others, went to a creek at a point about one hundred yards below the home of deceased’s father to go “swimming;” on the way to the creek they passed the home of the deceased’s father and a dog ran out and barked’ at them; appellant threw a rock at the dog and…