Magee v. State

Sydney Smith C. J.,

delivered a partially concurring opinion.

The deceased when only a few feet from the appellant was attempting to disarm him by threatening him with a pistol pointed directly at him, in violation of Section 2013, Code of 1942. The homicide occurred either while the appellant was resisting this attempt to disarm him or immediately after the attempt had failed. In either event, since the evidence does not disclose that he bore any malice toward the deceased prior to the attempt of the deceased to disarm him, he is guilty only of manslaughter under Section 2225, Code 1942, which…