Nixon v. State

Section 103 of the Penal Code provides : “On the trial of an indictment for an assault, or an assault and battery, the defendant may give in evidence to the jury any opprobrious words, or abusive language, used by the prosecutor, or person assaulted or beaten; and such words may or may not amount to a justification, according to the nature and extent of the battery, all of which shall be determined by the jury.” Construing these words, it has been held by this court, that one may justify an assault made upon another with “a small walking-stick,” when provoked by the use by the latter of *575opprob…