State v. . Fain

The defendant excepts and assigns as error the failure of the trial judge to declare and explain the law of self-defense and to apply it to the evidence in the case.

Since we have no way of ascertaining whether the jury returned the verdict of guilty of an assault with a deadly "weapon against the defendant because he used excessive force in executing a duly issued process of the court, or whether it found him guilty because he ivas acting without being clothed with such process, we think there was error in the charge of the court.

The court gave the general rule of law applicable to the…