Smith v. State

The indictment in the Circuit Court of Jefferson County charged the defendant with murder in the first degree. He was convicted of murder in the second degree and sentenced to ten years imprisonment, from which judgment he appeals.

The appellant entered a plea of not guilty and relied upon self defense under the plea.

In view of the motion of appellant to exclude the evidence, which was overruled, and the refusal of the court to give appellant’s requested written charge 3, which is affirmative in nature, it is appropriate to set out the substance of the evidence offered.

According to the…