Davis v. State

Duckworth, Chief Justice.

(After stating the foregoing facts.) The first special ground of the motion excepts to the charge on justifiable homicide on the ground that there was no evidence to warrant it, and that the sole defense offered was that of alibi, and that such charge was prejudicial to the accused, in that it caused the jury to think that they would have to find justification in order to acquit the accused. Although there was no evidence of justification, and, hence, it was a technical error to charge the law of justifiable homicide, it was not reversible error, since it has been…