Roberson v. State

In the instant case the judge read the Code sections and in explaining them expressly stated that the jury would not be authorized to convict the defendant of any offense if Carrie Eoberson, the innocent bystander, was endeavoring to commit a felony upon the defendant, etc. This was a correct legal proposition but as there was no evidence to support such a charge and such an instruction was an abstract charge, and not being warranted by the evidence was erroneous and was excepted to on that ground. Subsequently the judge charged the jury very fully, fairly, and extensively that they would not…