Smith v. State , 152 Tex. Crim. 145 ( 1948 )

In order for the defense accorded by Art. 1224, P. C. to arise, there must be an "unlawful and violent attack."

Demonstrations as if to attack are not included within those terms of the statute.

We remain convinced that the facts did not raise the defense accorded by said statute.

The motion for rehearing is overruled.

Opinion approved by the Court.