Moody v. State

This is a manslaughter case. The defense is that the accused shot the deceased to prevent a felonious assault by the deceased upon the person of the defendant’s sister, who was also the wife of the deceased. The charge complained of is as follows: “In addition to the law of self-defense, or justifiable homicide, and as a part of that defense, the defendant relies on sections 74 and 75 of the Penal Code, which read thus: Section 74 says ‘parents and children may mutually protect each other and justify the defense of the person or reputation of each other.’ In this case the defendant contends…