McIntosh v. State

Bell, Justice.

The defendant was convicted of murder', and he excepted to a judgment overruling his motion for a new trial. The evidence tended to show that he shot and killed the deceased at a time when the deceased, a bailiff, was about to enter the defendant’s home, or was seeking entrance, for the purpose of arresting the defendant, without a warrant. There was no evidence that the defendant was endeavoring to escape, or that there was likely to be a failure of justice for want of an officer to issue a warrant, or even that he had committed any offense. In the absence of any evidence to…