State v. Butler

This indictment for murder was tried to a Superior Court justice and a jury which returned a verdict of guilty of murder in the second degree. The case is before us on defendant’s bill of exceptions, the sole exception pressed being to the trial justice’s refusal to instruct the jury on the issue of self-defense.

In this state, G. L. 1956 (1969 Reenactment) §8-2-38, 1 obliges the trial justice to give correct instructions as to those rules of law that of necessity must be applied to the issues raised at the trial in order to secure a fair trial. Macaruso v. Massart, 96 R. I. 168, 190 A.2d 14.…