State v. Hathaway

*606The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment of conviction of manslaughter in the first degree.

The state’s evidence tended to show that on August 6, 1934, defendant resided in Kansas City. About noon on that day, while defendant was eating his dinner, his wife noticed some boys who were in his back yard helping themselves to his pears. She so informed her husband and took an army revolver from a trunk and laid it on the buffet. Defendant picked up the revolver, walked to the back door, took aim at one of the boys, Goldie Lee, who was stooping to pick…