State v. Lilly

SADLER, Justice.

The defendant was convicted of voluntary manslaughter and sentenced to a term in the state penitentiary. The deceased was her husband and she seeks a review of the judgment of conviction, assigning as the single ground of error the giving by the trial court of the following instruction to the jury, to-wit: “The law of self-defense does not imply the right of attack in the first instance. Therefore, if you believe from the evidence in this case, beyond a reasonable doubt, that the defendant sought or brought on a difficulty with the deceased at the time of the shooting, or if…