(dissenting).
The original opinion quoted that portion of appellant’s testimony in which he discussed the killing and gave his reason therefor. He testified that he acted in self defense and justified the killing on this ground alone. Such defense was submitted to the jury.
The majority now says in effect that if there was another defense upon which appellant might have relied and did not, it too should have been given in the court’s charge to the jury.
For this Court to reverse in such a case is essentially unfair to the trial judge who presided and who gave the defensive charge which was raised by the testimony and denied that which was not.
In Rice v. State, 156 Tex.Cr.R. 366, 242 S.W.2d 394, we said, “Appellant having testified, he made his own defensive theory and is bound thereby.” See also Boyd v. State, 128 Tex.Cr.R. 539, 83 S.W.2d 326; Jamison v. State, 141 Tex.Cr.R. 349, 148 S.W.2d 405; Howard v. State, 172 Tex. Cr.R. 352, 357 S.W.2d 403; Whitehead v. State, Tex.Cr.App., 450 S.W.2d 72; and Sias v. State, Tex.Cr.App., 495 S.W.2d 890.
Since the only defense relied upon by appellant was submitted to the jury, and because I am thoroughly convinced that this cause was properly decided on the issues raised by the evidence, I must vigorously dissent to the reversal.
DOUGLAS, J., joins in this dissent.