State v. Jones

COMPTON, Justice.

The defendant was convicted of murder in the second degree, and from the judgment and sentence he brings this appeal.

As an excuse or justification for the homicide, the defendant entered a plea of self-defense -and his first assignment of error is that the court by its instruction on the law of self-defense, merely instructed the jury on defendant’s theory of the case without declaring the law of self-defense in reference to the facts relied on by him as establishing such defense.

The court instructed the jury as follows:

“A defense interposed by the defendant is that of…