Banks v. State

Almand, Chief Justice.

Under an indictment charging him with the killing of Robert Walker by shooting him with a pistol, Jerry Banks was found guilty on his trial and sentenced to life imprisonment. His amended motion for a new trial was overruled. His appeal is from the conviction and sentence. Error is enumerated on the overruling of his motion for a new trial on the general grounds and four special grounds.

The seventh ground of the motion for a new trial asserted that the court erred, even in the absence of a request, in failing to charge on the law as to voluntary manslaughter.

The…