Moss v. State

Hardy Moss, Carroll Daniel, Monroe Smith, and ©rant Smith were jointly indicted for the murder of Will Gilbert; the defendants severed on the trial, and the jury returned a verdict *543■of guilty, with a recommendation to life imprisonment in the penitentiary, against Hardy Moss. He moved for a new trial, which being refused, he sued out a bill of exceptions complaining of the •overruling of his motion.

1. Several of the grounds of the motion complain that the court ■erred in charging the principle stated in the Penal Code, § 13: “If a person kill another in his defense, it must appear that the…