State v. Mayberry

VAN OSDOL, C.

Defendant, Delmar Mayberry, killed Charles Talley with.a knife. Defendant was charged with murder in the first degree. A jury found him guilty of murder in the second degree, and assessed his punishment at 55 years imprisonment in the State penitentiary. He has perfected an appeal from the ensuing sentence and judgment.

Defendant-appellant assigns errors of the trial court-(1) in-refusing to give Instruction A.'tendered by defendant upon his theory of self-defense, and in giving in lieu thereof the trial court’s own Instruction C; (2) in admitting into evidence impeaching…