Mills v. State

Appellant was convicted of murder. The deceased was shot five times. Appellant claimed self-defense. A controversy had arisen over an account of $9.50 for which the deceased demanded payment from appellant. There was a conflict in the testimony as to whether the deceased was armed and as to who was the aggressor. There was evidence of threats made by deceased against- appellant. The conflict in the testimony was for the jury’s determination.

The giving of the following- instruction is assigned as error: “The Court instructs the jury for the State that while malice aforethought is a necessary…