Bates v. State

DAVIDSON, Judge.

Under an indictment charging assault with intent to murder with malice, appellant was convicted of assault with intent to murder without malice, with punishment assessed at one year and one day in the penitentiary.

A statement of the facts is. not deemed called for. It is sufficient to say that the testimony raised the issue of self-defense. The trial court so recognized, and applied that defense by the following charge:

“Now if you believe that the defendant committed an assault as a means of self defense, believing at the time that he was in danger of losing his life or of…