Thomas v. State

Mb. Chief J ostice Beabd

delivered the opinion of the Court.

Plaintiff in error was convicted of a felonious assault with intent to commit voluntary manslaughter upon the person of one Payette Stewart. While the plaintiff in error did not testify, yet the theory of his defense was that Stewart was the aggressor, and in using the knife, which the plaintiff in error did, he was acting under a reasonable apprehension of death, or great bodily harm, by reason of the fact that he was then being assaulted with a knife in the hands of Stewart. No evidence was introduced tending to support this theory,…