Gainey v. State

Deen, Judge.

1. It is contended in this conviction of voluntary manslaughter under a murder indictment that the state’s evidence would have authorized a verdict of murder and the defendant’s evidence would have authorized an acquittal, but that there was no evidence to justify an instruction or a conviction on the crime of voluntary manslaughter. We disagree. The deceased was shot while lying in bed, in the presence of his wife; the pistol was on the floor; the wife admitted firing the shot but swore that it was accidental and she was simply trying to pick up the pistol from where it had been…