Covis v. State

GARDNER, X

Petition for certiorari to review decisiop of the Court of Appeals affirming a judgment of conviction for assault and battery.

As disclosed by the opinion of the Court of Appeals, defendant relied not only on his plea of self-defense, hut also insisted his conduct was justified on account of opprobrious words or abusive language directed to him by the assaulted party, evidence of which “shall be good in extenuation or justification, as the jury may determine.” Section 3302, Code of 1923.

At the request of this defendant the trial court gave the following written charge:

“I charge you,…