Handy v. State

The record having been perfected, the appeal is reinstated and the case considered on its merits.

According to appellant's testimony, he was being attacked by deceased and two or three others when he fired the fatal shot. In the charge the court submitted only the right of the appellant to defend himself against an attack upon the part of deceased. Appellant excepted to the charge on the ground that he should have been accorded the right to defend against a joint attack. The state's attorney before this court concedes that the exception was well taken and that error is presented. We are…