State v. Gustopolis

Defendant has appealed from a conviction for manslaughter and a sentence or not less than 3 nor more than 4% years in the state penitentiary.

1. On the trial of the case, bills of exceptions Nos. 1, 2, and 3 were reserved to the refusal of the trial judge to admit testimony offered by defendant as to threats made by the deceased, and difficulties between them before the homicide, in order to show who was the aggressor.

Among the reasons assigned for his ruling, the judge a quo states that there was no conflict in the testimony as to who was the aggressor ; that there was no proof of an ov.ert…