Lee v. State

The appellant was charged by indictment in the Circuit Court of Simpson County with the murder of Edward Coleman. He was convicted of manslaughter and sentenced to serve a term of twenty years in the State penitentiary. He appeals from the judgment of conviction, and, among other grounds of. alleged error assigned, he specifically assigns as error the action of the trial court in refusing his request for a peremptory instruction. In view of the conclusion which we have reached, we shall discuss only this specific assignment.

The appellant’s claimed right to a peremptory instruction is…