Ferguson v. State

The defendant was in-dieted and tried for murder in the first degree. The jury found defendant guilty of manslaughter in the first degree, and he was sentenced to the penitentiary for a period of five years.

The only question arising with respect to the testimony arose on the cross-examination of the state witness, Ferrell McKee. The defendant asked the witness this question: “Did you know whether or not Mr. Toone was drinking at that time?” The court erred in sustaining objection to this question. The witness had testified to facts tending to show that the act of the defendant was defensive,…