Junior v. State

By having refused to give Instruction No. 1 requested by the defendant, but having-given the last instruction set out in the majority opinion, the Court told the jury without qualification: “If you believe from the evidence that the defendant without any fault or negligence on his part was himself assaulted by the prosecuting loitness with such violence . . .” (Italics ours).

Thus, according to the law as announced by the trial court and.which is being approved by this Court, one has to be actually assaulted with violence before he is justified in taking whatever action he honestly believes,…