King v. State

Citations

• 13 Tex. Ct. App. 277
• 1882 Tex. Crim. App. LEXIS 220

Syllabus

<p>1. Murder—Evidence—Practice.—When, in a trial for murder, the position of the slayer was a material inquiry, it was proper to admit in evidence the garments proved to have been worn by the deceased at the time of the shooting, if they tended to show the position of the slayer. And if such evidence was objected to by the defendant, his bill of exceptions should show wherein it was improper and inadmissible.</p> <p>2. Same—Self-defense—Charge of the Court.—Where, in a trial for murder, self-defense is an issue clearly raised by the evidence in the case, it is the right of the defendant to have the law upon that subject explained to the jury fully and correctly, in all the phases in which it might be applicable to the facts in proof.</p> <p>3. Same.—On the subject of self-defense, the trial court instructed the jury that “a man in his own necessary self-defense has the right to repel unlawful force, with that degree of force necessary to effect the purpose, and, in the exercise of a reasonable discretion, such as would usually influence and govern ordinarily prudent men in like condition and situation as himself, may, in a case of extreme necessity, to prevent the sacrifice of his own life, or serious bodily harm, and as a last resort, take the life of his assailant. But if his resistance extends beyond that of lawful self-defense for himself, and he seeks to become the executioner of his own vengeance, and the death of his adversary thereby ensues, he then becomes an offender, and the plea of self-defense would not avail him.” Held, error, in that it limits the right of self-defense to an extreme necessity, and as a last resort. Article 569 et seq. of the Penal Code, which prescribes the rules governing self-defense, and defines the circumstances under which a homicide will be considered justifiable, do not thus circumscribe the right of self-defense.</p> <p>4. Same.—Under the law of this State, when a homicide takes place to prevent murder, maiming, and certain ot