Garcia v. State

The primary question presented by this appeal is the proper form of an instruction with respect to self-defense when it is given to a jury in a second degree murder trial. The contentions of the appellant particularly emphasize the language of the instruction with respect to the obligation of the defendant to retreat. A second issue is presented with respect to the refusal of the county court judge to receive testimony from witnesses subpoenaed by the defendant for the preliminary examination. We discern no error in the proceedings before the county court judge nor in the instructions with respect to self-defense. We will affirm the judgment of the district court.