State v. Emery

The defendant was indicted for murder in the second degree. On trial he was found guilty of a less offense, to-wit, manslaughter in the fourth degree, and his punishment assessed at two years in the penitentiary. The evidence shows that the defendant, within a few moments before the fatal occurrence, had -been brandishing a self-cocking and loaded revolver in his saloon, endangering the lives of those who were there. , He -was warned of the danger of such actions, and once, when his pistol dropped on the counter, a bystander picked it up and put it in his pocket; but on defendant’s promise to…