Gordy v. State

The general grounds of the motion for a new trial and the special ground are considered together, since the question presented is whether or not the evidence authorized a verdict of guilty of voluntary manslaughter, and whether or not the trial court properly gave this principle of law in charge to the jury. The defendant’s position is that the homicide was justified under Code § 26-1011, which provides in substance that justifiable homicide is the killing of a human being in self-defense against one who manifestly intends or endeavors by violence or surprise to commit a felony thereon; and…