Gilchrist v. State

Guy Amsler, Justice.

Appellant, Johnnie Gilchrist, was tried in the Circuit Court of Pulaski County, on a charge of murder in the first degree and convicted of murder in the second degree. The jury fixed his punishment at 21 years imprisonment in the State Penitentiary. Motion for a new trial was overruled and appeal was perfected in due time. The only point relied on is that “The court erred in refusing to charge the jury on the lesser offense of manslaughter.”

The background facts as reflected by the proof may be briefly stated. Sometime during the early morning of August 21, 1965 (the exact…