Sheppard v. State

The defendant, Theodore Sheppard, was indicted for murder and was found guilty of voluntary manslaughter. He made a motion for a new trial which was overruled and to this judgment he excepted. His only complaint is that the verdict is without evidence to support it for the reason that under the evidence the killing was either a case of murder or was wholly justifiable; and that, as a consequence, the judge erred in submitting the question of manslaughter to the jury at all.

“It is not error, on the trial of one indicted for murder, to instruct the jury upon the law of voluntary manslaughter,…