State v. Ealy

Since there is to be a new trial, we do not deem it necessary or proper to state the evidence in detail. However, the evidence, when taken in the light most favorable to the State, tends to show that on 24 May 1969 the defendant stabbed and killed her boyfriend, Jesse Osborne, with a butcher knife. The trial judge correctly overruled the defendant’s motion for judgment as of nonsuit.

Defendant contends, and we agree, that the trial judge committed error in charging the jury as follows:

“(A)nd when you come to consider her plea of self-defense, you should ask yourselves these questions:

1. At the…