Spannell v. Stat

83 Tex.Cr.R. 418, 203 S.W. 357 (1918)

Facts

Spannell (D), his wife, and a man named Butler were in an auto together at night. D claimed that Butler assaulted him and he was forced to fire several shots in self-defense but in no way intended to injure his wife. Butler and D's wife were killed. D was indicted in separate counts for each of the homicides. D was acquitted of his wife's murder and then filed a plea of former acquittal in the trial for the murder of Butler. The trial court refused to acquit or instruct the jury of D's defense. D was convicted and appealed.