Austin v. State

SIMPSON, Judge.

The trial upon an indictment for murder resulted in the conviction of appellant of manslaughter in the first degree. He insists that the affirmative charge was due, or, failing, that his motion for a new trial should have been granted because the evidence both for the State and the defense supported, without substantial conflict, his plea of self-defense. But, aside from disagreeing with his view of the evidence, we think such a question was exclusively for the jury’s decision.

Concededly, and without conflict, the appellant killed the deceased by the intentional use of a deadly…