Shelton v. State

1. In a prosecution for homicide the accused contended that the deceased, at the time of the homicide, was making a felonious assault upon his person. In his instructions to the jury the court charged that justifiable homicide is the killing of a human being in self-defense or in defense of the person against one who manifestly intends or endeavors by violence or surprise to commit a felony upon the person killing, as provided in the Penal Code of 1910, § 70. In defining the term “ felony,” the court charged that “ a felony is an offense punishable by death or imprisonment in the…