The appellant was charged with shooting a man with intent to kill him. The undisputed evidence showed that he did shoot the man near the latter’s home in Mt. Vernon, and that the man at the time struck
1. The appellant, when testifying as a witness, stated that, on the day which preceded the night of the shooting, he met the wife of the prosecuting witness at the New Harmony Fair, several miles from. her home. His counsel then asked him the following question: “State what, if any, arrangement was made there for you to call- on her that night?”; and offered to prove, in answer thereto, that she “invited the defendant (appellant) to call at her home after their return to Mt. Vernon from the New Harmony Fair.” This question was open to the objection that it called for a conclusion of the witness as to “what arrangement was made,” and not for facts from which the conclusion was drawn, and the offer to prove would be more pertinent if the question had called for what was said and done. The court would not be bound to permit a question in this form to be answered, even upon an offer to introduce competent evidence in answer to it.
2. Even if the question had been asked in proper form, there would be no available error in sustaining an objection to it. The evidence most favorable to appellant, given by himself, was that he went to ' the home of the prosecuting witness after midnight and knocked on the door, and when he saw that the prosecuting witness was at home he ran away; that he went around a city block and back to the corner diagonally across two streets from the second door east
3. The offered evidence would not have tended to prove that appellant was justified in shooting to repel an attack with a stick like the one described, nor that he was where he had a right to be and without fault at the time of the shooting. A man who came after midnight, armed with a pistol, to call at the home of a woman whose husband was believed to be, and had been, away from home and, after fleeing from the husband went around the block and returned near where the woman and her husband livéd and, to avoid
Overruling the motion for a new trial was not error. The judgment is affirmed.