Glenn Earl Smith v. State Texas

On original submission to the Dallas Court of Appeals the appellant raised two grounds of error. In his first ground of error, appellant argued that the trial court erred in failing to submit a jury instruction on the law of self-defense. In his second ground of error, he argued that the evidence was insufficient to show that the knife was used as a "deadly weapon". The Court of Appeals in an unpublished opinion affirmed appellants conviction finding that the evidence as to a "deadly weapon" was sufficient and also finding that the evidence did not justify a charge on self-defense. Appellant filed a petition for discretionary review with this Court and in a per curiam opinion dated March 30, 1983, this Court remanded the case to the Court of Appeals to reconsider appellants first ground of error, specifically in light of the testimony of three defense witnesses: Darlene Albert, Lula Washington and Barbara Bolden. On June 14, 1983, the Dallas Court of Appeals handed down a second opinion in this cause, and again found that the evidence did not raise the issue of self-defense. Specifically the court held: