Jones v. State

Under the foregoing evidencie, the jury were authorized to find the. defendant guilty of murder.

Error is assigned because the court failed to give in charge to-the jury section 71 of the Penal Code, as follows: “A bare fear *505of any of those offenses, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances wore sufficient to excite the fears of a reasonable man, and that the party killing really acted under the influence of those fears; and not in a spirit of revenge.” It is insisted that the evidence…