Hicks v. State

Russell, C. j.

1. When the evidence demands the verdict, verbal inaccuracies in the charge of the court are wholly immaterial. While the verdict in this ease was not demanded in the strict technical sense in which that term is used, still the battery was admitted, and the defendant, by means of his unsupported statement only, attempted to justify the beating, by stating that he was provoked by opprobrious words used to him by the prosecutor. The burden o'f proving that he was so provoked as to be justified in beating the prosecutor when and *94as lie did rested upon the defendant, and therefore…