Beard v. State

The appellant was convicted of voluntary manslaughter. He assigns error upon the overruling of his motion for a new trial, which is based upon the assertion that the evidence is insufficient to sustain the verdict, and that there was error in giving certain instructions.

The appellant admitted shooting and killing, but contended that he shot in self-defense. The evidence upon this question is conflicting. One witness testifled that the intruder was peacefully leaving the appellant’s premises when the fatal shot was fired. This evidence is sufficient to sustain the verdict.

Appellant’s only…