The Southeastern Reporter, Vol. 21

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Excerpt from The Southeastern Reporter, Vol. 21: Containing All the Decisions of the Supreme Courts of Appeals of Virginia and West Virginia, and Supreme Courts of North Carolina, South Carolina, Georgia, March 19-June 11, 1895Eighth exception: Because his honor erred in refusing to charge defendant's eighth re quest to charge. It is as follows: If the defendant was without fault in bringing on the difficulty, and believed at the time he fired the fatal shot that deceased had thrown, or was in the act of throwing, his hand to his right hip pocket, for the purpose of drawing his pistol, he was justified in firing without retreating or waiting to become cer tain of the purpose of deceased in so doing. This request was not only objectionable for the reasons stated in discussing the sixth exception, but also on the ground that it was attempted to make the jury determine the right of the accused to fire without retreat ing, etc., from certain particular facts in the case, and not from all the facts in the case. The eighth exception is overruled.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.