State v. Gordon

The opinion of the comet was delivered by

Hoch, J.:

This appeal is from a conviction of second-degree manslaughter. Appellant was tried on a charge of manslaughter in the first degree. The court instructed also as to manslaughter in the second and the fourth degrees, advising the jury that it should successively consider the question of defendant’s guilt under the lesser degi’ees if it found him not guilty of the greater.

The appellant makes two principal contentions; first, that there was no evidence to warrant instructions on manslaughter in the second degree or to support such a verdict;…