McDaniels v. State

The appellant, Virgil McDaniels, was indicted for the murder of James Gale, and was convicted of manslaughter and sentenced to serve a term of ten years in the State penitentiary. On this appeal he assigns several grounds as error but relies for a reversal primarily on the ground that in the main all of the witnesses at the trial referred to the deceased as “Eugene Gale” or “Gene Gale” or “Old Man Gale,” and the instructions for the State referred to the deceased only as “Eugene Gale.” We recognize the rule announced in the cases of Clark v. State, 100 Miss. 751, 57 So. 209, 38 L. R. A. (N.…