Criminal Law — Homicide — Manslaughter. —To reduce a felonious homicide from the grade of murder to that of manslaughter, upon the ground of sudden quarrel or heat of passion, the provocation must be of such a character as would be naturally calculated to excite and arouse | the passions; and it must appear that the party acted under the smart \ of his sudden passion and resentment.

Id. —-Instructions — Self-defense — Apparent Danger. —Upon the trial of a defendant charged with murder, an instruction to the jury, that, “to justify the killing of another in self-defense, it must appear that the danger was so urgent and pressing, that, in order to save his own life or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary,” when properly construed, means that the danger must appear to the defendant, and not to the jury; although the instruction would he clearer and more satisfactory if the words “ to the defendant as a reasonable man ” were inserted after the words “ must appear ”; yet where the jury are elsewhere unequivocally instructed as to the law of apparent danger, they could not he misled by the instruction as given.

Id. —Justifiable Homicide — Conditions of Instruction not Asked for. — An instruction to the jury, that if the defendant killed the deceased while resenting an attack on the part of the deceased to murder him, or an attempt to do him great bodily harm, the killing was justifiable, does not confine the defendant’s right to kill the deceased exclusively to the case of an attack to murder or an attempt to do great bodily harm; and an objection upon appeal, that it should have stated further, that an attempt to kill the defendant by the deceased, either with or without malice aforethought, would have justified the killing by the defendant, will not be sustained, if the defendant did not ask for such additional conditions.

Id.—Pursuit of Deceased with Deadly Weapon—Murder — Self-defense. —• If one, with murder in his heart and a deadly weapon in his hand, pursues and overtakes «mother, and then and there shoots and kills him, he is guilty of murder, regardless of what the deceased may have been doing at the moment of the shooting; and no question of his declining a further struggle, or of self-defense, is involved in such a case.

Id.—Instruction — Hypothesis of Murder—Exclusion of Self-defense.— An instruction, founded upon evidence in the case upon atrial for murder, that if the deceased, seeing the defendant draw a pistol, ran away, and the defendant, with intent willfully and deliberately to murder, pursued and overtook the deceased when unarmed and showing no disposition to kill and murder the defendant, and that the defendant then and there, without believing himself in danger of losing his life, fired the fatal shot and killed the deceased, the evidence shows no self-defense, is properly given.

Id.—Degrees of Murder — Drunkenness — Instruction — Belief of Judge as to Guilt. — Where the court had fully instructed the jury as to the definition of manslaughter, and stated to them that under the information and the evidence the defendant could be convicted of such offense, an instruction defining the two degrees of murder, and stating that in determining the degree any evidence tending to show the mental status of the defendant is a proper subject for the consideration of the jury, that the fact that defendant was drunk does not render the act less criminal, and in that sense is not available as an excuse, but that there is nothing in the case to exclude it as evidence upon the question as to whether the act was deliberate and premeditated, that “it was murder, whether premeditated or not,” and that the question of the degree of murder was one of fact for the jury, is not subject to the objection that the jury would understand that the court considered the defendant guilty of murder.

Id.—Technical Analysis of Instructions.—The practical administration of justice should not be defeated by a too rigid adherence to a close and technical analysis of the instructions to the jury.