Birdshead v. State

OPINION

BUSSEY, Judge:

Appellant, Fred Roy Birdshead, hereinafter referred to as defendant, was charged and tried for the crime of Murder in the District Court, Blaine County, Case No. CRF-72-37, and convicted for the lesser included offense of Manslaughter in the Second Degree. His punishment was fixed at a term of four (4) years imprisonment with the last two years suspended. From said judgment and sentence, a timely appeal has been perfected to this Court.

Briefly stated the facts are that on October 9, 1972, the defendant and Minnie M. Washee, the deceased, were drinking at one Elizabeth…