State v. Brown

STOCKARD, Commissioner.

Henry Brown, charged as a second offender, was found guilty by a jury of murder in the second degree and sentenced by the court to imprisonment for a term of twenty years. By notice of appeal filed prior to January 1, 1972, he has appealed from the ensuing judgment.

The trial court instructed the jury on the issue of excusable homicide by reason of an accident. Appellant contends that prejudicial error resulted from the failure of the trial court also to give the jury an instruction submitting the issue of self-defense. This necessitates a detailed statement of the…