State v. Benton

BRANCH, Chief Justice.

Defendant first contends that the trial court erred in denying defendant’s motion for judgment as of nonsuit made at the close of the State’s evidence and at the close of all the evidence. Defendant contends that all of the evidence tended only to exculpate him and, therefore, establish self-defense as a matter of law.

“One may kill in self-defense if he is without fault in bringing on the affray, and it is necessary or appears to him to be necessary to kill his adversary to save himself from death or great bodily harm, the reasonableness of his apprehension being for the…