McClellan v. State

George Rose Smith, Justice.

The appellant was convicted of manslaughter in the killing of Coyne Sitz. The jury fixed the sentence at five years’ imprisonment. There are five points for reversal, none of which we find to have merit.

On the night of the homicide the defendant, Jim McClellan, had gone to the home of his brother’s widow, Daisy McClellan, to repair a water pipeline. Four persons — Jim, Daisy, Troy Bushman, and the decedent Sitz — participated in an extended drinking party. At some time during the evening Sitz struck Daisy. Sitz then took a red pill, chased it with vodka, and went to…