State v. Fowler

Defendant contends and attempts to show by his evidence that the killing was accidental. He assigns as error that portion of the judge’s charge as to accidental killing, in which the court stated:

“And if a defendant who has intentionally killed another with a deadly weapon would rebut the presumption arising from such showing or admission, he must establish to the satisfaction of the jury the legal provocation which would take from the crime the element of malice and thus reduce it to manslaughter, or which will excuse it altogether on the ground of self-defense, unavoidable accident,…