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

Trogdon (D) killed someone (no details were given in the case). D was indicted for murder. The judge instructed the jury in self-defense. The facts indicated that D was in danger of being killed, although he was not aware of that fact. The judge rejected a charge by D that the killing would be justified if D was in danger of injury or death at the time of the killing, even if he was not in apprehension of that danger. D was convicted of voluntary manslaughter. D appealed.

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