Tye v. State

Wyatt, Justice.

The evidence was sufficient to authorize the verdict, and therefore the general grounds are without merit.

In special ground 1 the movant “insists that a new trial should be granted for the reason that nowhere in the charge did the court charge the jury that, while provocation by mere words, threats, or contemptuous gestures of and within themselves would not justify killing, nevertheless, if they were sufficient to arouse within the slayer the fear of a reasonable man that his life was in danger, or that a felony was about to be committed on his person, and he killed under the…