Wall v. State

1. The defendant was not convicted of murder, and it is not necessary to discuss the 'case upon that theory. He *551was not acquitted, and we may at once inquire if there was error in failing to acquit. It is contended that he should have been acquitted, first, because the accused shot fin self-defense; second, because he shot under the fears of a reasonable man that the deceased was about to commit a felony upon his person. The establishment of either of these defenses ought to accomplish his acquit- - tal. But the jury are the judges of the facts, and, upon evidence sufficient to support their…