Franklin v. State

Besides the general grounds of the motion for a new trial, error is assigned upon certain instructions of the court on the law of voluntary manslaughter, and the failure of the court to define the meaning of the term “felony,” in the charge as to the right of a person to kill another in order to prevent the commission of a felony upon himself. In the argument in this court something was said in regard to an improper remark of associate counsel for the State, but no such point is made in the record.

A contention urged before us is that the accused was either guilty of murder or justified in the…