Usrey v. State

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

The appellant was indicted for murder in the first degree. The jury returned a verdict of manslaughter in the first degree and fixed punishment at eight years imprisonment in the penitentiary. Judgment was entered accordingly, and this appeal therefrom. Appellant was represented at nisi prius and hereby employed counsel.

It appears from the evidence adduced by both the state and the defendant that the homicide occurred at the home of the defendant and the victim, Ollie Lee Green, or within the yard or curtilage. The residence where both parties…