Irvin v. State

©n an indictment for murder the plaintiff in error was convicted of involuntary manslaughter in the commission of an unlawful act; and the judge overruled his motion for a new trial. The record raises only two questions. (1) Is there any evidence in support of the finding that'the homicide was involuntary in the commission of an unlawful act? (2) Did the trial *866judge, in a certain instruction to the jury complained of, express or intimate any opinion as to what had been proved?

1. A brief statement of the facts will elucidate the first proposition. According to the evidence of the State’s…