Helton v. Commonwealth

MOREMEN, Judge.

Appellant, Marvis (Tobey) Helton, was convicted under an indictment charging him with malicious shooting and wounding with intent to kill. He was sentenced to confinement in the county jail for a period of one year and fined the sum of $50.

On this appeal only one assignment of error is made and that is directed toward Instruction- No. 4, which reads as follows:

“If the defendant, Marvis (Tobey) Helton, shot and wounded Levi Cald- . well in his apparently necessary self-defense, then the jury should find him not guilty, for the law allows in the necessary self-defense such means…