Nelms v. State

John Nelms, under indictment for murder, was found guilty of voluntary manslaughter. His motion for a new trial being overruled, he excepted.

1. Neither the evidence nor the prisoner’s statement authorized a charge on the subject of involuntary manslaughter. Therefore the failure to instruct the jury on that subject was not error.

2. It was not cause for a new trial that the judge, before instructing the jury on the subject of flight, remarked in their presence, “Now one matter that my attention has been called to by the solicitor, that I overlooked in charging you.” Such remark *576did not tend to…