Minor v. State

The defendant was indicted for murder, was tried and convicted of murder in the second degree, and was sentenced to the penitentiary for a term of 17 years and 6 months. No question is presented on this appeal, except the ruling of the trial court in refusing the following written charge requested by the defendant:

“It is not necessary under the evidence in this case that the defendant should have been in actual danger of death or great bodily harm at the time he killed Hardiman, or that retreat would have really increased his peril, in order for him to be justified in firing the fatal- shot.…