Yates v. State

Tates was tried under an indictment charging him with the murder of Freeman, and was convicted of voluntary manslaughter. It appeared, from the evidence, that Freeman was the town marshal of Donalsonville, and that the homicide occurred while he, with two other persons whom he asked to accompany him, was attempting, without a warrant, to arrest the accused for a violation of a town ordinance committed in his presence some "months before. The accused made a motion for a new trial, which was refused, and he excepted.

1. Error was assigned in the motion because the court refused to permit the…