178 Ind. 317 | Ind. | 1912
Appellant was convicted by a jury in the lower court of the crime of assault and battery on the person of one Davis, with intent to commit manslaughter. He seeks a reversal of the judgment of the trial court, and relies on alleged error in overruling his motion for a new trial to secure it. The only claims of errors pressed on us by appellant are involved in the refusal of the trial court to give instruction five, which appellant tendered and requested the court to give to the jury; and the giving of instructions eight and ten, which the court gave to the jury of its own motion.
Note.—Reported in 99 N. E. 417. See, also, under (1) 12 Cyc. 602; (2) 12 Cyc. 610; (3) 12 Cyc. 928, 932. As to the law of self-defense, see 74 Am. St. 717; 109 Am. St. 804.