Gavia v. State

OPINION

DALLY, Commissioner.

The conviction is for murder; the punishment, twenty-five (25) years imprisonment.

The appellant urges that the instructions as submitted to the jury deprived him of a charge on a defensive theory to which he was entitled under the evidence. We agree.

The appellant made a timely objection in writing to the court’s omission of a charge on self-defense against an unlawful violent attack as provided for by Article 1224, Vernon’s Ann.P.C. 1

His request was for a charge on the right of self-defense to milder attack as distinguished from the charge on the right of…