French v. State

BROOKS, Judge.

Appellant was convicted of murder in the second degree and his punishment assessed at five years confinement in the penitentiary.

The second ground of the motion for a new trial complains that the court erred in failing to charge the jury the law with reference to defendant’s right to defend his home against the unlawful entry of the same by deceased, appellant insisting that the evidence clearly raised this issue and imperatively demanded 'the submission of the same by the court to the jury. The facts relied upon by appellant suggesting the issue contended for are as follows:…