Wheeler v. State

Ike Wheeler was convicted of voluntary manslaughter, for the killing of John C. Hambrick, and upon the overruling of a motion for a new trial excepted.

1. The first ground of the amended motion for a new trial complained that the court erred in charging section 73 of the Penal Code, viz.: “ If a person kill another in his defense, it must appear that the danger was so urgent and pressing at the time of the killing, that, in order to save his own life, the killing of the other was absolutely necessary; and it must appear, also, that the person killed was the assailant, or that the slayer had…