State v. . Alston

The defendant admitted the intentional slaying of the deceased with a deadly weapon and relied for his acquittal upon his plea of self-defense. He contended, also, that in any view of the testimony satisfactory evidence of mitigation appeared, and that conviction of a-higher offense than manslaughter was not warranted. The defendant in apt time requested the court to instruct the jury that the fact that the' defendant had a pistol in his pocket, but had made no unlawful use of it prior to the attack upon him by the deceased, would not deprive the-defendant of his legal right of self-defense.…