Humphrey v. State

This is an appeal by Jess Humphrey, as plaintiff in error, against the state, defendant in error, from a judgment rendered in the district court of Seminole county imposing a sentence of four years in the penitentiary for conviction of manslaughter in the first degree.

The testimony on behalf of the state is sufficient to sustain a conviction for murder. The testimony on behalf of the accused would amply warrant an acquittal. The court in its instructions tells the jury that they cannot convict for murder because the accused had already been acquitted of that offense. The record before us does…