Dodson v. Commonwealth

The plaintiff in error was found guilty of murder in the second degree and sentenced to the penitentiary for a term of eight years.

It is assigned as error that the court gave this instruction:

“The court instructs the jury that where the plea of self-defense is relied upon in a trial for murder, the law is that the plea of self-defense is not available to a party unless he was without fault in bringing about the difficulty, and, in any case, the necessity relied upon to excuse the killing must not arise out of the prisoner’s misconduct.”

In Vaiden’s Case, 12 Gratt. (58 Va.) 717, and in Wallen’s…