State v. Hughes

MARTIN, Judge.

The issue dispositive of this appeal is whether the trial court erred when it refused defendant’s request that the jury be instructed concerning the law of self-defense. We hold that defendant’s evidence was sufficient to place the question of self-defense before the jury and that the failure of the court to instruct upon the law applicable thereto requires that defendant be granted a new trial.

Self-defense is a complete or “perfect” defense to homicide if it is established that at the time of the killing:(1) it appeared to defendant and he believed it to be necessary to kill…