May v. State

CARR, Judge.

David May was indicted for the offense of murder in the second degree. He was convicted of manslaughter in the first degree.

*231The judgment below must be reversed. We will herein subsequently point out the reasons for this conclusion.

In view of a reversal we will not make extended comment on the tendencies of the evidence. We will confine our discussion to those matters which will likely reoccur on another trial.

Without dispute in the evidence the accused killed Iiulett King by shooting him with a pistol. The question of justification for the homicide centers around the claim of self…