Irwin v. State

Citations

• 43 Tex. 236

Syllabus

<p>1. Homicide, in self-defense.—One who seeks to justify a homicide on the ground of threats against his life, under art. 612 of the code, must show that the deceased at the time of the homicide did some act which was reasonably calculated to induce the belief, and did induce the belief, that the accused was then in immediate and imminent danger of losing his life, or of suffering some great bodily harm, from that which really was, or reasonably appeared to be at the time, an impending attack by the deceased. It is not practicable to fix on what that act demonstrating the intention shall be, but it must be some act which is reasonably calculated to induce the belief that the threatened attack has then commenced, to be then executed, and not a mere act or preparation to execute the threat at some other period of time, either speedy or remote.</p> <p>2. Former threats, when not admissible.—neither the former threats to assassinate or the desperate character of the deceased can be admitted in evidence, under art. 612, unless the deceased is shown to have done some act at the time of the homicide indicating his purpose then to take the life of the deceased.</p>