Gunther v. State

In appealing his conviction of murder in the second degree, the defendant-appellant (Garnell Gunther) primarily challenges the correctness of the instructions of the trial court with respect to the law of self-defense.

Shortly before midnight on July 8, 1961, the defendant shot and killed his brother-in-law with a rifle. That he did so was not denied: instead the defendant claimed that he killed in self-defense.

Sometime during the night before, the husband (as he had done on several other occasions) had beat his wife to such extent as required her to remain in bed for most of the next day. She…