When homicide is excusable or justifiable defendant to be

acquitted. Whenever any person is prosecuted for a homicide, and upon his trial the killing shall be found to have been excusable or justifiable, the jury shall find such person not guilty and he shall be discharged. History: 1953 Comp., § 40A-2-9, enacted by Laws 1963, ch. 303, § 2-9.