State v. Spear

Appellant was charged with, and convicted of, the crime of murder in the second degree. By this appeal, he seeks a review of certain instructions given and refused, and assigns error based upon the actions of the prosecutor which are thought to amount to misconduct.

The killing was admitted, and the whole purpose of the defensewas to justify the act.under the law of self-defense. Since there was evidence sufficient to take the case to the jury, we need not attempt a statement of the facts.

The instruction given of which complaint,is first made was taken from the case of State v. Churchill, 52…