Briggs v. State

ON REHEARING.

November 14, 1923.

MORROW, Presiding Judge.

— The State, through counsel, challenging the soundness of the original opinion, points to that portion of the opinion in the case of Williford v. State, 38 Texas Crim. .Rep., 393, which reads as follows: “All self-defense rests upon necessity. Where there is no necessity to kill, it can not be self-defense. This is law.”

The sentences quoted are from a paragraph containing the following: “Under peculiar circumstances, it would be necessary to qualify or explain what is meant by necessity. If the necessity was apparent only, then the…