Smith v. State

HARPER, Judge.

Appellant was indicted, charged with murder, and when tried he was convicted of manslaughter, from which judgment he prosecutes an appeal to this court.

The court submitted defense of property, but appellant also earnestly insists that the court should have charged on defense of his person, and that he committed error in not so doing. If the issue is raised by the testimony, appellant properly presents the question by showing that he excepted to the charge because of the failure to so instruct the jury, and he prepared and asked special charges on that issue.

The evidence would…