Kitchens v. State

SIMPSON, Judge.

The appeal is from a conviction of manslaughter in the first degree.

The. State’s evidence established1 that the defendant’made an unprovoked assault on the deceased, knocked him down, and then kicked him several times about the head and body.

The trial court, in defining manslaughter, correctly instructed the jury that “in manslaughter in the first degree, there must be either a positive intention to kill, or an act of violence (from) which, ordinarily, in the usual course of events, death or great bodily harm may ensue.” Reynolds v. State, 24 Ala.App. 249, 134 So. 815;…