Cooper v. State

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant, an indigent, was indicted for assault with intent to murder and convicted of assault. Fine; five hun*563dred dollars, fixed by the jury. The trial court added six months in jail. This appeal is from the judgment.

The trial court instructed the jury that in order for defendant to rely on his defense of self-defense:

“[H]e must prove three things, and I’ll read them to you: First, the defendant must be absolutely free from fault in bringing on the difficulty; second, he must be in imminent danger, either real or apparent, of losing…