Thomas v. State

The defendant was convicted of manslaughter in the first degree, and appeals.

There appears -but one insistence of error. This seems to be well taken, and as a result thereof the judgment of conviction must be reversed, and the cause remanded.

The error above referred to consists of the refusal of the following charge:

“I charge you, gentlemen, that if the circumstances attending the killing of deceased were such as would justify a reasonable man in the belief that he was in danger of great bodily harm or death, and that he could not retreat without adding to his peril, and defendant believed…