Rider (defendant) intended to kill R.P. Tallent whom Rider suspected of having an affair with his wife. Armed with a shot gun, Rider walked to Tallent’s house in search of his wife. Near the house, Tallent approached Rider with an axe, intending to strike him. After Rider told Tallent to stop, Rider shot and killed him. Rider was charged with first-degree murder. At trial, the court instructed the jury that Rider was guilty if they believed that Rider went to Tallent’s home with the intention of killing him and that he armed himself with a gun and thereafter went in search of Tallent and did, in fact, shoot and kill Tallent. Rider was convicted and he appealed.