State v. Sally

On the defendant’s plea of self-defense, which is supported by evidence, the court instructed the jury as follows:

“The right of self-defense rests upon necessity, real or apparent, and cannot be exercised if there be a reasonable opportunity to retreat and avoid the difficulty, but if the assault in which the killing is brought about be violent and the circumstances are such that the retreat would be dangerous, he is not required even to retreat.” (Exception entered by later stipulation, discussed on brief and while there is no assignment of error based on the exception, undoubtedly the…