State v. Rash

Defendant appeals from a conviction of manslaughter upon which he was given a two-j'uar sentence.

One of his principal contentions on appeal is the state failed to prove a crime because the state’s evidence itself established that the killing was justifiable in lawful self defense. Ordinarily- self, defense is in the nature of an affirmative defense-, and a question for. the. jury. But whether the, state’s evidence, which is neither disputed nor contradicted, established self defense so as to make a killing justifiable homicide instead of murder or manslaughter is a question of law for the…