Faust v. State

Duckworth, Chief Justice.

The special ground of the motion for new trial complains solely because of the failure to-charge voluntary manslaughter as defined in Code § 26-1007. The State’s attorneys contend that, if voluntary manslaughter is involved, it was injected into the case solely by the statement of the accused upon the trial and, as repeatedly held by this court, the judge was not required to charge thereon in the absence of a timely request so to do.

The fallacy of this contention lies not in the rule of law invoked, but rather in the evidence as shown by the record. Two witnesses for…