Dorsey v. State

W. J. Dorsey was convicted of murder, and sentenced to life imprisonment in the penitentiary. Upon the overruling of his motion for a new trial, he excepted.

1. One of the grounds of the motion for a new trial was, that the court erred in charging the jury as follows: “If you believe from the evidence in this case, beyond a reasonable doubt, that the defendant, West Dorsey, at the time the fatal shot was fired, was placed in such situation as that, as a reasonable man, he believed that a felonious assault was about to be perpetrated on him, or his child — which would be the same thing,— and…