Richardson v. State

ON BEHEAEING.

March 22, 1922.

HAWKINS, Judge.

—In the original submisson of his case appellant raised the question that the court below committed error in not giving him the benefit of a charge as to the presumption of the law from the use of a deadly weapon by deceased under Article 1106, Vernon’s P. G. Complaint is made because such assignment was not discussed in our original opinion.

No exception was taken to the failure of the court to embrace said Article in his charge, neither was any special charge requested upon the subject. In no way was the lower court’s attention called to such…