This section contains the nature of the case and procedural background.

Spannell (D), his wife, and a man named Butler were in an auto together at night. D claimed that Butler assaulted him and he was forced to fire several shots in self-defense but in no way intended to injure his wife. Butler and D's wife were killed. D was indicted in separate counts for each of the homicides. D was acquitted of his wife's murder and then filed a plea of former acquittal in the trial for the murder of Butler. The trial court refused to acquit or instruct the jury of D's defense. D was convicted and appealed.

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