People v. McGinnis

Mr. Chiep Justice Hand

delivered the opinion of the court:

The plaintiff in error, Joseph McGinnis, at the October term, 1907, of the Hancock county circuit court, was indicted by the grand jury of said county for the unlawful killing of Bradford Huston. The indictment contained five counts. The first, second, third and fifth charged murder, and the fourth, manslaughter. The defendant entered a plea of not guilty. After the evidence was all in, the State’s attorney, by leave of court, entered a nolle prosequi to the fourth count, and the jury returned a verdict of manslaughter upon the…