Bivins v. State

Head, Justice.

(After stating the foregoing facts.) In the first special ground, the defendant assigns error on the following charge of the court: “I charge you further that a bare fear on the part of the defendant of any one of those offenses, to prevent which the homicide' is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable man and that the party killing really acted under the influence of those fears, and not in a spirit of revenge.”

The assignment of error is on the…