State v. Hornbuckle

The evidence of the State and that of the defendant !is in sharp conflict. The prosecuting witness testified that he had no : knife and never attempted to use one. On the other hand, the defend- ; ant testified that the prosecuting witness tried to cut Myrtle Driver with a yellow-handled knife and that he intervened and took the knife ' away from the prosecuting witness to keep him from cutting Myrtle Driver who was a. guest passenger in the defendant’s automobile.

The defendant assigns as error the failure of the court below to charge the jury that he as a private citizen had the right to…