Smith v. State

BROWN, Justice.

The defendant was tried and convicted for the offense of murder in the second degree and his punishment fixed by the jury at ten years. From the judgment of conviction entered on the verdict he appealed to the Court of Appeals, where the judgment was reversed, because of the refusal of the trial court to instruct the jury as to the law governing manslaughter in the second degree. In the opinion of the court facts are stated thus:

“There was but slight, if any, dispute or conflict in the evidence in this case. Said evidence disclosed, in substance, that Smith and the deceased,…