Clarke v. State

1. The defendant did not mention or argue the general grounds of the motion for new trial, and they are treated as abandoned.

2. The court charged the jury, in part, as follows: “[Now that law which I have just read applies where the defendant himself is without fault] — where he is assaulted or attacked without fault on his part, and he simply acts in his own defense.” (Brackets ours.) It is contended that the part of the excerpt enclosed in brackets was erroneous, for the reason that the defendant might have been at fault when the tussle first started, but had declined any further struggle…