White v. State

WOODLEY, Presiding Judge.

The offense is assault with intent to murder with malice; the punishment, 8 years.

The evidence shows that appellant shot the injured party who was her husband. Her defense, raised by her testimony, was self defense.

The court in his charge submitted such defense, but refused appellant’s request that the jury be instructed that in determining the existence of real or apparent danger it was the duty of the jury to “consider the words, acts and conduct, if any, of the injured party, at the time of and prior to the time of the assault and consider whatever threats, if any,…