Stubbs v. State

After having been convicted of the offense of murder, Henry Stubbs made a motion for a new trial. This motion was overruled, and Stubbs excepted. The evidence discloses that there had been no mutual combat nor any fight of any kind between the accused and the deceased. According to the evidence of the accused, the deceased was advancing upon him with a drawn knife. The circumstances were sufficient, the accused claims, to excite the fears of a reasonable man that a felony was about to be committed upon him, and in order to prevent it he killed the deceased. The trial judge charged the jury…