Powell v. State

The defendant was convicted of the offense of assault with intent to murder, and excepts to the overruling of his motion for a new trial.

1. Special ground 1 of the motion for a new trial complains of the following charge: “The court instructs you that one can not, by his conduct or actions, create an emergency or apparent emergency which would make a reasonable man honestly believe that he was about to be assaulted, and that it was necessary to defend himself, and thus take advantage of the situation thus created by himself and make an assault upon the person thus defending himself. I charge…