Dees v. State

CATES, Judge.

Dees was indicted for the second degree murder of Thomas Moore; convicted, adjudged and sentenced for guilt of first degree manslaughter, he appeals.

On the night of January 13, 1957, at Elma McCants’s shop at Little River about dusk dark, Moore and Dees fell to quarrelling. Dees hit Moore over the head twice with a shotgun causing a skull fracture with an internal hemorrhage. This was the cause of Moore’s dying January 17 in a Mobile hospital.

Dees claimed self-defense to justify beating Moore.

In his brief Dees contends the trial judge should have charged the jury as to…