Merriman v. State

BRETT, Judge:

Appellant, Elmer Merriman, hereinafter referred to as defendant, was charged in the District Court of Seminole County, Case No. 70-39, with the crime of murder. He was found guilty by jury verdict of the lesser included offense of manslaughter in the first degree with punishment fixed at four (4) years imprisonment. Judgment and sentence in accord with the jury verdict was imposed on September 28, 1970, and this appeal perfected therefrom.

It was charged that on August 27, 1966, the defendant did “shoot and discharge a leaden bullet” with a pistol into E. O. Marshall, causing his…