Shell v. Commonwealth

Opinion op the Court by

Judge Clay

Reversing.

Add Shell, who was convicted of murder and given a life sentence, prosecutes this appeal.

The only error relied on was the giving of the following instruction qualifying the right of self-defense:

“Unless you shall further believe from the -evidence to the exclusion of a reasonable doubt, that the defendant at a time when he was not in danger of death or great bodily harm at the hands of the deceased, and did not believe and have reasonable grounds to believe that he was in such danger, unlawfully, wilfully and feloniously provoked and brought on the…