Bell v. State

Citations

• 29 Tex. 492

Syllabus

<p>The appellant was indicted for assault. It was proved that his drawing his gun on the person assaulted was accompanied with the declaration that he would shoot if that person drew a weapon: Held, that the court ought to have expounded to the jury the law of self-defense under such circumstances. (Paschal’s Dig., Art. 2137, Note 660.)</p> <p>Acts which, unexplained, may be, prima facie, assaults, like other acts, which are not unequivocal in their character, may be shown to be in truth different from what they purport to be; that they are not attempts or offers to do harm, but merely annoying gestures, without any accompanying purpose of mischief. So they may be shown to be merely reasonable preparations to repel anticipated violence.</p>