State v. Street

The appellant excepts to and assigns as error nine portions of the court’s charge to the jury; all other exceptions have been abandoned.

We deem it necessary and appropriate in the disposition of this appeal to consider the following portions of the charge:

“To illustrate what I mean, if tonight when you put your car in the garage somebody jumps out in the dark and flashes his pistol on you and says he is going to kill you, you have the right to protect yourself and kill him. It might turn out later that the pistol is not loaded, has no cylinder, but you didn’t know it, and you have the right…