Gray v. State

Mabry, J.:

The plaintiff in error was indicted and tried for murder at the Fall term, 1898, of the Circuit Court for Jackson county, and there was a mis-trial. At the Spring term of the court, 1899, he was again tried, and convicted of manslaughter, and from the sentence of the court for this offence a writ of error has been sued out.

*176Two of the assignments of error argued refer to charges alleged to have been given on the first trial of the case, in that the court failed to charge upon any degree of homicide except murder in the first degree, and also in giving a charge on the subject of an…