Eads v. State

(dissenting).—Appellant was convicted of murder in the second degree, his punishment being assessed at eight years .confinement in the penitentiary.

Proper exception was taken to the following charge: “Now if you shall believe from the evidence that defendant, Elbert Eads, killed A. J. Hopkins, yet if you believe the deceased made an attack on the defendant then indicating a purpose to take the life of the defendant, or of doing him some serious bodily injury; or if from the acts or words of the deceased at the time it then reasonably appeared to the defendant that he was in danger of losing…