State v. . Waldroop

STACY, C.J., and CLARKSON, J., dissenting. The defendant was indicted in the usual form for the murder of Sam Burgess, but the State did not ask for his conviction of murder in the first degree. He was convicted of manslaughter and from the judgment pronounced he appealed, assigning as error the following instructions on the question of self-defense.

"A man cannot just make up his mind that he is going to be killed and haul off and kill somebody — he has got to have reasonable grounds for killing, and the burden is on him to show you that at the time he fired that pistol that he not only…