State v. Adkinson

Ness, Justice:

Appellant, James B. Adkinson, was convicted of assault and battery with intent to kill and was sentenced to nineteen years imprisonment. He contends the trial judge erroneously failed to charge the law of self defense. We agree and reverse.

At trial, appellant testified that in order to defend himself, he struggled with the prosecuting witness, who had confronted him with a pistol. He further claims the prosecuting witness was wounded while the two men struggled for control of the pistol.

If evidence of self defense is clearly and definitely introduced at trial, “it [becomes] the…