Matthews v. State

The first and second grounds of the motion for a new trial raise the question as to the sufficiency of the evidence to sustain the verdict. There was a quarrel, an altercation, one-half gallon of whisky, a pistol in the hands of defendant, two shots from the pistol, and a dead man. Who was at fault in bringing on the difficulty was in dispute, the ability of the defendant to retreat without apparently increasing his peril, and the impending peril of defendant and necessity to take life to protect his own, were all questions for the jury and properly submitted to them by the court. The trial…