State v. Warren

The defendant assigns as error the following excerpts from the charge:

“It is undoubtedly law that a person cannot excuse taking the life of an adversary upon the grounds of self-defense unless the killing is or reasonably appeared to be necessary to protect himself from death or great bodily harm.” Exception No. 22.

“An unsuccessful attempt to kill cannot be justified unless the homicide had been excusable had death ensued. It follows that where an accused has inflicted a wound upon another with intent to kill, he may be absolved from criminal liability from so doing on the principle of…