Burris v. State

Appellant was indicted by the grand jury of Little River County for the crime of murder in the first, degree, alleged to have been committed by killing Lillard Johnston. The case was transferred to Sevier County on appellant’s petition for change of venue, and the trial resulted in appellant’s conviction of murder in the second degree.

It is undisputed that appellant shot and killed Lil-lard Johnston — it was so conceded on the trial — but it was contended on behalf of appellant that he acted on what appeared to him to be imminent danger of death or great bodily harm about to be inflicted by…