Gilleland v. State

Citations

• 44 Tex. 356

Syllabus

<p>1. Malice—Self-defense.—If defendant engaged in a combat, knowing that it might or would result in the death or some serious bodily injury which might produce the death of his adversary or himself, or by bis own wrongful act brought about the necessity of taking life, he cannot plead that such killing was in his necessary self-defense; but the killing will be imputed to the malice expressed or implied by reason of the wrongful act which brought it about.</p> <p>2. Self-defense.—Where it is manifest that the attack by the deceased (to repel which the killing was done) was occasioned by the wrongful acts of defendant, it is proper for the court to instruct the jury substantially that the killing must be in fact in self-defense, and not colorably so, giving such instructions as would aid the jury in determining the reality of the self-defense.</p> <p>3. Conditional threats.—Where there is evidence of mutual threats by the deceased and accused, and ill-feeling, and that the accused started to hunt the deceased with the avowed purpose of using violence upon him, unless he should take back a charge made by him against defendant, and that a collision ensued when both were seeking each other, it is not error to refuse to instruct the jury that the accused had the right to seek a peaceable interview with the deceased to demand a retraction of the charge; the conditional nature of the threats will not protect defendant from the consequences of his deliberate act.</p> <p>4. Power of district judges to exchange districts.—The right to exchange districts with and to hold courts for other district judges exists during the entire term of office of the district judge; it is not confined to the period of the terms of court in his district.</p> <p>5. Misconduct of a juror.—The action of the district judge in overriding a motion for new trial based on misconduct of a juror will not in general be overruled, and will not where there is a conflict of evidence as to the fact of such mi