Payne v. State

It is earnestly contended that the killing was' justifiable and that there is no evidence to support a verdict finding the defendant guilty of murder or manslaughter in any degree. The court did submit' to the jury the question of whether the killing was justifiable homicide. The brief dwells at great length upon alleged errors committed by the court in submitting this question and in refusing to give requested instructions with reference thereto.

We have great doubt as to whether the evidence justified or required the submission of this question, but in view of the fact that we find no error…