Bracewell v. State

1. One can not successfully invoke the provisions of the Code, § 26-1013, unless there is both a "forcible attack and invasion" of the habitation, and unless also the accused before taking the life of another resorts to "persuasion, remonstrance, or other general measures" to prevent such attack and invasion. And it is not error for the court to fail to charge this section where the evidence fails to show such essentials.

2. If there be the slightest doubt under the evidence as to whether the offense was murder or voluntary manslaughter, it is the duty of the court to instruct the jury as to…