Creek v. State

This was an indictment for murder in the second degree. There was a conviction for manslaughter.

The court instructed the jury that no “threatening actions” of the deceased could justify the defendant in taking his life. In a separate charge, the court also told the jury, that if the deceased made a violent assault upon the defendant, while he was retreating, and the deceased was pursuing him, and the defendant had reasonable *153apprehensions of great bodily harm, and had used all reasonable means to keep out of the way, he would be justifiable in repelling the assault, and if, in so doing, the…