Brunson v. Gainey

Plaintiff, by assignments of error 9, 11, 14, and 15, presents for consideration the accuracy of the charge, as related to the defense asserted by defendant, that he was confronted by a sudden emergency.

Plaintiff testified: “that the defendant passed by the deceased’s house about three or four times a day, and sometimes more than that; that the defendant passed the deceased’s house every single day; that the home of the deceased had a small front yard; that the children of the witness, including the deceased, played in the yard and in the edge of the ditch in front of the house, because the…