Stuckey v. State

Mobley, Justice.

1. In special grounds 1 and 3 it is contended that the trial judge erred in failing to charge the law of voluntary manslaughter, even though no request to charge this principle of law was made. It is contended that the jury was authorized to find that the defendant killed the deceased to prevent the commission of a trespass, in that he was attempting to prevent the deceased from taking the car. There is no evidence to show that the deceased was attempting to commit a felony upon the person or property of the defendant, and even if, as contended, the defendant did kill the…