Walker v. State

ON STATE’S MOTION FOR REHEARING.

GRAVES, Judge.

This cause was heretofore reversed and remanded because of the fact that the trial court presumptively erred in charging on a provocation of the difficulty, thus depriving appellant of his perfect right of self-defense. The State has filed a motion for a rehearing herein, and cites us to many cases that seem to be in point, and which evidence the fact that our original opinion may have been in error.

A State’s witness, who was the injured party, testified that appellant, together with others, passed by a landing dock where fruit was stored for…