Mell v. State

Mell was indicted for the crime of murder. He was tried and convicted. Upon his trial he set up two defenses: first, that Busbee, the deceased, was attempting in a violent and forcible manner to invade his habitation, and that the.killingwasto prevent such invasion; and, second, that at the time he.shot Busbee he acted under the fears of a reasonable man that a felony was about to be perpetrated upon him. The judge, in charging the jury, read the section (72) of the Penal Code which declares that it shall be justifiable homicide to kill a person who forcibly attacks and invades one’s…