Cooper v. State

Candler, Justice.

1. Special ground 1 of the motion for new trial complains of the court’s failure to charge, without request, the following: “I charge you further that it is the contention of the defendant that his wife, Mary Cooper, was killed without any intention by him to do so, while attempting to protect himself against a felonious assault alleged to have been made by Mary Cooper upon the defendant, and that, if you should believe this were true, the defendant should be acquitted.” It is alleged that this was error and its omission was harmful because such a charge was required as a…