State v. Downey

The first question presented by the defendant as the main question is whether or not the trial court erred in refusing to grant defendant’s motion for judgment as of nonsuit. In this connection the defendant pleads self-defense, and contends that the evidence offered by the State exculpates him on this plea.

Taking the evidence and the facts stipulated in the light most favorable to the State, the conclusion does not follow as a matter of law.

In this connection it is appropriate to note: (1) Murder in the first degree is the unlawful killing of a human being with malice and with premeditation…