Marsden v. State

BROOKS, Judge.

Appellant was convicted of an aggravated assault and his punishment assessed at a fine of $50.

The fourth paragraph of appellant’s motion for a new trial complains of the following charge: “If you believe from the evidence that the defendant in inflicting the injury upon the said Henry Miller, as charged in the information, acted in his own necessary self-defense against an assault made by said Henry Miller upon him or to prevent such an assault and that he did not use greater force than was necessary to prevent such an assault, then you-will find the defendant not guilty.”…