State v. Avent

The defendant was indicted for second degree murder, was convicted as charged, and has appealed.

Defendant’s brief contains sis assignments of error. Two of these, based on the court’s refusal to instruct the jury, in effect, that they could find that the defendant would have been justified in killing the victim of the homicide in order to prevent him from enticing away or stealing her child, were abandoned on the argument, and properly so, by counsel for the defend ant. Three of the assignments were directed to rulings to which no exception was taken on the trial, and the remaining one to the…